Arthur Day: From Sexual Discrimination Lawsuits To A Prestigious Job At UT Medical School-Houston

Categories: Courts, Education

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Arhtur Day
Editors Note: Lawyers for Dr. Arthur Day have complained about this Hair Balls post. Use of the word "guilty" was never intended to imply criminal responsibility by Dr. Day. The verdict slip from the jury trial shows the actual decision by the jury in Boston on each question presented. The Houston Press stands by its statement that Dr. Day along with the hospital lost a sex discrimination lawsuit since the jury's finding that Dr. Tuli was indeed subjected to a hostile work environment by her employer, the hospital, was based, at least in part, upon Dr. Day's conduct described herein.

So you're a respected Boston neurosurgeon who, along with your hospital, loses a $1.6 million sex discrimination lawsuit in 2009. You pen one of those generic announcements saying you're leaving the hospital to pursue other opportunities, as if it had nothing to do with the allegations that you offended female colleagues by keeping an 8-inch penis sculpture and a tiny box of thongs on your desk and once asked a female surgeon -- an assistant professor at Harvard Medical -- "Can you get up on the table and dance for us to show the female residents how to behave?"

And you of course don't mention anything from that Boston Globe article -- the one mentioning the affidavit from a nurse, describing how you downloaded pictures from the Kama Sutra onto her PDA; or about the affidavit from the medical secretary who ran into you while she was counting money, and you made the hilarious joke along the lines of "Sugar, I told you that you don't have to pay for what I do for you."

You're probably embarrassed -- after all, your own hospital's human resources department conducted an investigation and concluded that you "should be reminded about the appropriate manner in which to address colleagues, especially women in the workplace."

You fret about finding a job, concerned that hospitals aren't exactly going to line up in order to hire a guy who's proven to be a liability. But then the clouds part, the heavenly choir sings, and the University of Texas Medical School at Houston offers you a job. You are now the director of the neurosurgery residency program. You haven't felt this good since you found that sweet cock statue.

Such is the story of Dr. Arthur Day, who came to UTMS-H after stepping down from the prestigious Brigham and Women's Hospital in Boston in the wake of losing a lawsuit filed by fellow surgeon Sagun Tuli -- one of three doctors who complained about his alleged unfair treatment of women. Tuli also accused Day of conspiring to have her hospital privileges revoked after she made internal complaints about Day's alleged behavior.

Although Day denied the allegations and had provided letters of support from fellow physicians during an earlier court hearing, the jury found him and the hospital guilty of five of seven claims Tuli had alleged.

Some of Tuli's allegations were corroborated by Dr. Deepa Soni, one of the other two physicians who filed sex discrimination complaints against Day. Soni, for example, alleged that Day once entered an operating room while she and Tuli were performing surgery and said "Oh, look, girls can do spine surgery."

And Hair Balls was also disturbed by a footnote in one judge's memorandum that referred to an affidavit by an African-American doctor who swore that Day once "grew impatient with him and said, in a loud tone of voice, 'Boy, give me that A-clip!'"

Although no one has disputed Day's medical skills, we're wondering why a state institution would want to take what some might consider a gamble. Is UTMS-H at all worried about potential future lawsuits?

We're waiting to hear back from the school's communications department. In the meantime, we're going to brush up on our Kama Sutra.

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