Bill O'Reilly, Fox News sued for disparaging female accuser

Authored by aol.com and submitted by lachneyr

Fox News and Bill O'Reilly have been hit with a lawsuit over press statements made in the wake of a New York Times story revealing the former television star had paid $13 million to five women to settle sexual harassment claims.

The story and others would cause O'Reilly to lose his job, but not before he commented, "Just like other prominent and controversial people, I'm vulnerable to lawsuits from individuals who want me to pay them to avoid negative publicity."

O'Reilly would make other comments including to The Hollywood Reporter, which is cited in today's lawsuit. "I have put to rest any controversies to spare my children," O'Reilly said in April. "The worst part of my job is being a target for those who would harm me and my employer, the Fox News Channel."

Now, Rachel Bernstein is taking objection to these comments with a complaint that cites the non-disparagement clause of the settlement agreement she had with O'Reilly in 2002, when she was allegedly harassed as a junior producer at Fox News. Currently working at Conan O'Brien's production company, Bernstein is suing for breach of contract and defamation. She's represented by the same attorneys at Smith Mullin who represented Gretchen Carlson in the retaliation lawsuit against Fox News.

25 PHOTOS Bill O'Reilly through the years See Gallery Bill O'Reilly through the years NEW YORK, NY - OCTOBER 17: Talk Show Host Bill O'Reilly is seen on October 17, 2016 in New York City. (Photo by Patricia Schlein/Star Max/GC Images) THE TONIGHT SHOW STARRING JIMMY FALLON -- Episode 0263 -- Pictured: (l-r) Bill O'Reilly and host Jimmy Fallon on May 14, 2015 -- (Photo by: Douglas Gorenstein/NBC/NBCU Photo Bank via Getty Images) NEW YORK, NY - MARCH 23: Author Bill O'Reilly attends the 'Killing Jesus' World Premiere at Alice Tully Hall at Lincoln Center on March 23, 2015 in New York City. (Photo by Steve Mack/FilmMagic) NEW YORK, NY - MARCH 23: (L-R) The cast of Nat Geo's 'Killing Jesus' Haaz Sleiman, Eoin Macken, Stephanie Leonidas, Alexis Rodney, Emmanuelle Chriqui, Joe Doyle, Chris Ryman and Kelsey Grammer pose with 'Killing Jesus' book author, Bill O'Reilly (C) at the red carpet event and world premiere of National Geographic Channel's 'Killing Jesus' at Alice Tully Hall on March 23, 2015 in New York City. (Photo by Brad Barket/Getty Images for National Geographic Channel) NEW YORK, NY - MARCH 23: 'Killing Jesus' book author, Bill O'Reilly attends the red carpet event and world premiere of National Geographic Channel's 'Killing Jesus' at Alice Tully Hall on March 23, 2015 in New York City. (Photo by Paul Zimmerman/WireImage) TODAY -- Pictured: Bill O'Reilly appears on NBC News' 'Today' show -- (Photo by: Peter Kramer/NBC/NBC NewsWire via Getty Images) LATE NIGHT WITH SETH MEYERS -- Episode 0142-- Pictured: (l-r) Bill O'Reilly during an interview with host Seth Meyers on December 17, 2014 -- (Photo by: Lloyd Bishop/NBC/NBCU Photo Bank via Getty Images) NEW YORK, NY - MAY 13: Bill O'Reilly (R) interviews Katie Couric during her visit to 'The O'Reilly Factor' at FOX Studios on May 13, 2014 in New York City. (Photo by D Dipasupil/Getty Images) NEW YORK, NY - APRIL 09: Rob Lowe talks to host Bill O'Reilly at Fox News' 'The O'Reilly Factor' at Fox News Studios on April 9, 2014 in New York City. (Photo by Rob Kim/Getty Images) WASHINGTON, DC - OCTOBER 28: Bill O'Reilly attends the National Geographic Channel's 'Killing Kennedy' World Premiere at The Newseum on October 28, 2013 in Washington, DC. (Photo by Kris Connor/Getty Images) NEW YORK, NY - OCTOBER 16: TV personality Bill O'Reilly enters the 'Late Show With David Letterman' taping at the Ed Sullivan Theater on October 16, 2013 in New York City. (Photo by Ray Tamarra/WireImage) NEW YORK, NY - MAY 14: Television host Bill O'Reilly is seen exiting'Good Morning America' studios on May 14, 2013 in New York City. (Photo by Raymond Hall/FilmMagic) WASHINGTON, DC - FEBRUARY 27: Bill O'Reilly, host of FOX News Channel's The O'Reilly Factor, waits for the arrival of U.S. President Barack Obama during an event about Obama's 'My Brother's Keeper' initiative in the East Room at the White House February 27, 2014 in Washington, DC. As part of his 'Year of Action,' Obama announced a $200 million commitment from nine foundations to bolster the education and employment of young men and boys of color. (Photo by Chip Somodevilla/Getty Images) THE TONIGHT SHOW STARRING JIMMY FALLON -- Episode 0170 -- Pictured: Author Bill O'Reilly on November 25, 2014 -- (Photo by: Douglas Gorenstein/NBC/NBCU Photo Bank via Getty Images) NEW YORK, NY - JUNE 18: TV Personality Bill O'Reilly attends An Evening with Bill O'Reilly and Geraldo Rivera at 92nd Street Y on June 18, 2014 in New York City. (Photo by Mark Sagliocco/FilmMagic) NEW YORK, NY - DECEMBER 04: Donald Trump and Bill O'Reilly attend the game between the New York Knicks and the Cleveland Cavaliers at Madison Square Garden on November 30, 2014 in New York City.NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Elsa/Getty Images) NEW YORK, NY - JUNE 18: (L-R) TV Personalites Geraldo Rivera and Bill O'Reilly attend An Evening with Bill O'Reilly and Geraldo Rivera at 92nd Street Y on June 18, 2014 in New York City. (Photo by Mark Sagliocco/FilmMagic) TODAY -- Pictured: Bill O'Reilly appears on NBC News' 'Today' show -- (Photo by: Peter Kramer/NBC/NBC NewsWire via Getty Images) NEW YORK, NY - OCTOBER 16: Bill O'Reilly attends the 11th annual Giants of Broadcasting Honors at Gotham Hall on October 16, 2013 in New York City. (Photo by Noam Galai/WireImage) THE VIEW - (10.1.13) Today's guest co-host is Jason Biggs ('Orange is the New Black.') Guests include Bill OReilly (author, Killing Jesus); Matt Long and Lorraine Bruce (ABC's 'Lucky 7') on ABC's 'The View.' 'The View' airs Monday-Friday (11:00 am-12:00 pm, ET) on the ABC Television Network. (Photo by Fred Lee/ABC via Getty Images) BARBARA WALTERS, BILL O'REILLY Regis Philbin talks with Bill O'Reilly, of the O'Reilly Report, during the Court TV celebration of it's 10th anniversary at American Park inside Battery Park in New York City on July 18, 2001. photo by Gabe Palacio/ImageDirect Bill O'Reilly attends the benefit for Homeless Children on November 16, 1989 at Letizia Restaurant in New York City. (Photo by Ron Galella, Ltd./WireImage) THE TONIGHT SHOW WITH JAY LENO -- Episode 4420 -- Pictured: (l-r) Bill O'Reilly during an interview with host Jay Leno on March 1, 2013 -- (Photo by: Margaret Norton/NBC/NBCU Photo Bank via Getty Images) TODAY -- Pictured: (l-r) Hoda Kotb, Kathie Lee Gifford and Bill O'Reilly appear on NBC News' 'Today' show -- (Photo by: Peter Kramer/NBC/NBC NewsWire via Getty Images) Up Next See Gallery Discover More Like This HIDE CAPTION SHOW CAPTION of SEE ALL BACK TO SLIDE

The complaint, filed in New York federal court, also addresses statements from Fox News this past April. When the New York Times published its story about O'Reilly, the cable news network's parent company responded, "Notwithstanding the fact that no current or former Fox News employee ever took advantage of the 21st Century Fox hotline to raise a concern about Bill O'Reilly, even anonymously, we have looked into these matters over the last few months and discussed them with Mr. O'Reilly."

Bernstein says the statement was false.

"In fact," states the complaint, "Ms. Bernstein repeatedly complained to Fox Human Resources, Bill Shine, and other Fox executives, about Mr. O'Reilly's mistreatment and both defendant Fox News Network LLC and O'Reilly knew that before making the statement above. The statement by Fox News is deliberately misleading and in breach of Fox's agreement not to disparage Ms. Bernstein. There was no hotline at Fox during plaintiff's employment. The statement by Fox News also violated the Confidentiality Clause in the Agreement."

The complaint adds that O'Reilly is far from the "target" he portrays himself as, and instead, "he is a serial abuser and Ms. Bernstein's complaints about him were far from extortionate," with further reference to the report that O'Reilly also paid $32 million to settle harassment claims from Fox News analyst Lis Wiehl.

Bernstein is also suing the defendants for breach of the covenant of good faith and fair dealing as well as targeting O'Reilly for allegedly tortiously interfering with Bernstein's settlement agreement with Fox News. She's demanding an unspecified amount of damages related to her reputation, economic position and stress she endured. Punitive damages is also being sought.

RELATED: High-profile men who have been accused of sexual misconduct:

Geraldo Rivera Defends Matt Lauer, Calls Journalism a "Flirty Business"

Seth Meyers Takes Aim at Matt Lauer: "You Killed Your Career and You F---ed Yourself"

Lachlan Murdoch: Fox News Is Not State TV

hjr198 on December 5th, 2017 at 00:38 UTC »

Makes her sign NDA, Violates it himself...can't explain that

FatCatLikeReflexes on December 4th, 2017 at 19:58 UTC »

Rofl, she's suing him for breaching the settlement NDA he made her sign to cover up his harassment.

That's awesome.

Iz-kan-reddit on December 4th, 2017 at 19:43 UTC »

That's going to be painful for Fox News. You can debate about most of it all you want, but the confidentiality agreement is rock solid.