Fox News Corporate Culture Raised Sexual Harassment Problems

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TV heavyweight Fox News has been plagued with public sexual harassment allegations for nearly a year. But the allegations suggest the corporate culture that created the problem ran even deeper.

In this blog post, I will review the sexual harassment allegations against Fox News starting in 2016. I will discuss how the corporate culture at the company affected gender discrimination claims. I will also explain how changing the climate at your company may open the door to correcting sexual harassment at work.

Fox News Faces Sexual Harassment Claims

Since July 2016, 21st Century Fox, and its news outlet Fox News, have been making a lot of news of their own, and not in a good way. Allegations of sexual harassment, sexism, and misconduct have surfaced one after another for nearly a year. Here’s a summary of the events to date:

  • July 6, 2016: News anchor Gretchen Carlson filed a sexual harassment lawsuit against Fox News chairman and CEO Roger Ailes.
  • July 9, 2016: Republican National Committee field adviser Kellie Boyle, model Marsha Callahan, and four anonymous women accused Ailes of harassing them for decades.
  • July 11, 2016: External law firm Paul, Weiss, Rifkind, Wharton & Garrison investigated the allegations against Ailes for Fox.
  • July 19, 2016: Star reporter Megyn Kelly raised sexual harassment allegations against Ailes.
  • July 21, 2016: Roger Ailes resigned from Fox News without admitting responsibility. He received a $40 million severance package.
  • July 29, 2016: Booker Laurie Luhn said she was “psychologically tortured” by Ailes for over 20 years.
  • August 22, 2016: Co-host Andrea Tantaros filed a separate lawsuit against Fox News for executives sexual harassment and retaliation.
  • September 6, 2016: Fox News settled with Gretchen Carlson for $20 million and a public apology.
  • March 8, 2017: Fox News settled sexual harassment claims by Tamara Holder for $2.5 million.
  • April 1, 2017: The Times reported that reporter Bill O’Reilly and Fox News paid a total of $13 million to 5 women working or appearing on his show in out-of-court settlement of harassment claims.
  • April 3, 2017: Contributor Julie Roginsky filed another sexual harassment lawsuit against Ailes and retaliation claims against Fox News Co-President Bill Shine.
  • April 4, 2017: Fox News guest Wendy Walsh held a press conference to raise sexual harassment claims against O’Reilly, which were reported to the network’s anonymous hotline.
  • April 9, 2017: Paul, Weiss announced it would investigate claims against O’Reilly.
  • April 19, 2017: Fox News announced O’Reilly would leave the network.
  • April 21, 2017: Fox News guest Debbie Schlussel raised allegations of improper conduct by Sean Hannity.
  • April 25, 2017: 8 Fox News employees raised racial discrimination claims saying Fox News had “Plantation-style management”.
  • May 1, 2017: Co-President Bill Shine resigned from Fox News.

Fox News Denies Allegations, Despite Repeated Retaliation Claims

Despite the number of complaints and lawsuits Fox News is facing, it continues to deny nearly every allegation of sexual harassment or workplace discrimination. In its settlement with Gretchen Carlson, Fox News publicly apologized “for the fact that Gretchen was not treated with the respect and dignity that she and all our colleagues deserve.” However, the company has by and large rejected claims that it was not supportive of employees who lodged complaints. 21st Century Fox believes it has done enough to change a poor corporate culture:

“The company’s management has taken prompt and decisive action to address reports of sexual harassment and workplace issues at Fox News. . . . These actions have led to an overhaul of Fox News Channel’s leadership, management and reporting structure, and have driven fundamental changes to the channel’s on-air talent and primetime programming line-up.”

Corporate Culture Discouraged Report of Sexual Harassment

Lilia Cortina, a professor of psychology and women’s studies at the University of Michigan, told NPR that the problem is that corporations, including Fox News, can have corporate cultures that discourage reports of sexual harassment. Questions of corporate culture include:

  • Whether reports are taken seriously
  • Whether there are consequences to a harasser’s actions
  • Whether those who do report face retaliation against.

Cortina encouraged companies use flexible reporting options including both formal and informal channels. She said the reporting systems should encourage disclosure of all offensive behavior, even if it isn’t serious enough to be illegal. They should assure employees they are safe when they do so and will not be risking retaliation if their report is less severe, or against a company superior.

What You Can Do If You Fear Retaliation

If employees don’t feel safe reporting sexual harassment or workplace discrimination, it is generally because they fear retaliation from their employer. They worry that their superiors will make their work-lives miserable, or will fire them outright. Retaliation for discrimination claims is illegal, but it is still a reality. If you fear retaliation, there are some things you can do before filing your report to protect yourself later on:

  • Document everything using a log
  • Download, print, and preserve your employment reviews and evaluations
  • Recruit witnesses or coworkers who will support your claim
  • Prepare a written complaint (and keep a copy)
  • Talk to an experienced employment discrimination attorney

By bringing in an employment discrimination attorney before you start your complaint process, you can explore your options, make a plan, and prepare for the worst. Having an employment lawyer on your side can help insulate you against retaliation and improve your chances in resolving your sexual harassment claim quickly in a way that protects your rights.

At Eisenberg & Baum, LLP, we have sexual harassment attorneys ready to help you fight back against the signs of gender discrimination. We will meet with you and develop a strategy to get you back to a comfortable working environment and protect against retaliation. You don’t have to face it alone. Contact us today to schedule a free consultation.

Police Officer’s “Gayness” Prevented Promotion, Lawsuit Says

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Police departments across the country have had problems recruiting a diverse and inclusive workforce. But they don’t do themselves any favors when they allow sexual stereotypes to affect hiring and promotions decisions. One Missouri police officer’s “gayness” prevented promotion and prompted a gender discrimination lawsuit.

In this blog, I will review Wildhaber v. St Louis County, MO, filed in Missouri state court. I will explain how federal Title VII civil rights law applies to sexual orientation and retaliation, and explain how an employment discrimination attorney can help you get the compensation you need.

Police Officer’s “Gayness” Influences Promotion Decisions

According to a lawsuit filed in Missouri state court, St. Louis County police officer Keith Wildhaber was passed over for promotion for years because of his perceived “gayness.” The complaint, filed January 10, 2017 alleges that Wildhaber, who had an exception work history, was denied multiple promotion opportunities based on his managers’ expectations around sexual stereotypes.

The following is based on the allegations in the complaint:

A 4-year army veteran, Wildhaber has worked as a police officer for the St. Louis Police Department since he graduated police academy in 1997. In 1998, he received a Medal of Valor for saving a man trapped in a burning car. He was promoted to Sergeant in 2011, and assigned to the desirable location of Affton Precinct. In 2014, Wildhaber took the promotions test for a lieutenant position. Of 26 applicants, he scored 3rd.

But despite his high rankings, Wildhaber was placed toward the bottom of the promotion list. In February 2015, rather than promoting him to fill a vacant position, the managers opened applications again. Wildhaber tested again, and again placed third. A year later, Wildhaber had been passed over for the lieutenant position again.

In the midst of this process, Wildhaber spoke with one of the St. Louis County Board of Police Commissioners, who allegedly told him the command staff had “a problem with your sexuality.” The Commissioner said:

“If you ever want to see a white shirt (i.e., get a promotion), you should tone down your gayness.”

When the police officer filed complaints about this statement, and the management’s discriminatory hiring practices, he faced retaliation. According to the lawsuit, he was transferred from a second-shift position in Affton to a midnight shift 20 miles away in Jennings.

Title VII and Sexual Orientation Discrimination

Title VII of the federal Civil Rights Act prohibits employment discrimination based on:

  • Race
  • Color
  • Religion
  • National origin
  • Sex

The law does not explicitly protect against discrimination based on sexual orientation or gender expression. However, in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), the U.S. Supreme Court ruled that discrimination based on a person’s failure to conform to an employer’s sexual stereotypes was illegal under Title VII. A decade later, these protections were extended to cover sexual orientation in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

Under the Obama Administration, beginning in 2012, the Equal Employment Opportunity Commission began interpreting Title VII to include protection against discrimination based on sexual orientation and gender identity. However, with the recent changes in administration, any future EEOC efforts to protect gay, lesbian, bisexual, and transgender employees are highly questionable.

Retaliation and Title VII

Federal civil rights laws, including Title VII, explicitly prohibit retaliation by employers against employees who raise civil rights concerns. This includes lodging internal civil rights complaints, filing EEOC charges, acting as a witness, or pursuing the employee’s rights in court. It doesn’t matter if the case is successful. Even actions taken to prevent perceived civil rights violations are protected under the statutes.

Retaliation is a broad term, including any adverse employment action. In Wildhaber’s case, this took the form of reassignment to a distant precinct and the midnight shift. In other cases it could include firing, demotion, negative performance reviews, limited job assignments, or any other efforts by employers to discourage a person from filing their complaints.

EEOC Changes Don’t Change Title VII

The Missouri Commission on Human Rights won’t be helping Wildhaber. The organization issued a “Notice of Right to Sue” on January 10, 2017. But that doesn’t mean his case is over. In fact, it has just begun. His employment discrimination attorney has filed a complaint in state court based on Title VII and similar state civil rights laws. The private lawsuit is based on the same legal theory: that employment decisions made based on a police officer’s “gayness” are illegal gender discrimination based on sexual stereotypes.

The cases against sexual orientation discrimination survive any changes in administrative enforcement by the EEOC or a presidential administration. Private employment discrimination attorneys can use these cases to get LGBT employees protection and damages when they face discrimination at work. In Waldhaber’s case, his lawyers are requesting:

  • Back pay (wages lost because he was not promoted)
  • Front pay (wages that continue to be lost unless he is promoted)
  • Money compensation for emotional distress and humiliation
  • Promotion within the department
  • Punitive damages (designed to keep his employer from doing the same thing in the future)
  • Court costs, attorney fees, and interest.

Similar money damages and “injunctive” relief may be available in a wide variety of sexual orientation discrimination claims. Right now, courts disagree on whether Title VII applies to LGBT claims. However, in many jurisdictions, these cases can be filed as a form of gender discrimination. That will remain true, regardless of EEOC enforcement policies, unless and until the Supreme Court says otherwise.

LGBT employees face tough employment discrimination, especially in industries that rely on sexual stereotypes. If you believe you have been passed over for promotion because of your “gayness”, the employment discrimination attorneys at Eisenberg & Baum, LLP, can help. We will review your case and help you understand your chances in the EEOC and in your court. Contact us to arrange a consultation to get help today.

EEOC vs. Hiring a Lawyer: When Do You Need an Attorney for Job Discrimination?

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Do you need an attorney for job discrimination or will the EEOC do the work for you? Find out why you should talk to a lawyer first, and when you can skip the EEOC altogether.

In this blog post, I will discuss the differences between the EEOC process and what an attorney for job discrimination can do for you. I will explain when and how you can opt out of the EEOC administrative process, and why you may want to go to a lawyer first.

Most Job Discrimination Claims Must Go To EEOC First

If you are considering hiring an attorney for job discrimination, you should know that many of the civil rights laws require you to go to the EEOC first, before you file a federal lawsuit. In most cases, you will have to file an administrative complaint with the EEOC, and go through the informal settlement process before having the matter heard by an administrative law judge. The EEOC investigators may say there is no need to talk to an attorney for job discrimination before starting this process. But that could cause you to miss out on some important options for your employment discrimination or harassment claims.

Why Talk To An Attorney for Job Discrimination First

You don’t need to hire a lawyer before filing an EEOC complaint. But you may want to at least have a consultation. Depending on where you live and what happened at work you may be entitled to more than the EEOC will give you if you go it alone. An attorney for job discrimination may well advise you to go through the EEOC process. But by talking to a lawyer ahead of time, you can get guidance on what to report, and how to word it in a way that will make your complaint stronger.

In addition to the federal laws enforced by the EEOC, many states have their own civil rights laws that may protect more people in more circumstances, or allow for more damages than are available through the EEOC. In those cases, you and your employment discrimination attorney can discuss whether to file in the state system, the federal system, or both, to make the most of your circumstances.

When You Can Go Straight to Court

Two laws enforced by the EEOC do not require you to exhaust your administrative remedies before heading to court: the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act. These two laws allow you and your discrimination attorney to go directly to the federal court to file your claim.

But even in Equal Pay cases, you may still want to go through the EEOC. If what happened to you qualifies as gender discrimination under Title VII, as well as the Equal Pay Act, there may be remedies that will become available only after completing the EEOC’s process. Deciding whether to involve the EEOC will depend on your circumstances and what you hope to accomplish by filing your complaint.

When You Can Opt Out of EEOC Involvement

Just because your case starts with an EEOC complaint doesn’t mean it has to end there. You have the option to quit the administrative process and file your own private lawsuit if:

  • The agency has not responded with a decision after 180 days and no appeal has been filed
  • The agency issued a decision and no appeal has been filed (you must file your lawsuit within 90 days of the decision)
  • The EEOC does not respond to your appeal with a decision within 180 days,
  • You disagree with the EEOC’s decision on your appeal (you must file your lawsuit within 90 days of the decision)

The EEOC may also opt not to pursue your complaint and issue a “Notice of Right to Sue.” If that happens you need to talk to an attorney for job discrimination right away to make sure you file your federal lawsuit within the legal time limits.

EEOC vs. Hiring a Lawyer in Federal Court

In some cases, informal settlement and formal administrative processes fail to reach a satisfactory resolution. It is then up to the EEOC to decide whether it will file a lawsuit on your behalf in federal court. However, it is also up to you whether you accept the agency’s offer of representation. You may instead choose to hire a lawyer to work for you privately. Doing so gives you more control over your case, and any possible settlements. Your job discrimination attorney may also be able to negotiate with your employer to resolve your case quietly, without going to court at all.

It is generally a good idea to talk to an attorney for job discrimination before filing a claim with the EEOC. Whether your goal is to resolve the case quietly, make the most of your EEOC complaint, or head directly to federal court, the employment discrimination attorneys at Eisenberg & Baum, LLP, can help you develop a strategy to meet your needs. Don’t wait until the EEOC turns you down to talk to a lawyer. Contact Eisenberg & Baum, LLP, today for a free consultation.

How to Settle a Sexual Harassment Claim Out of Court

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Lawsuits are important. They publicly expose illegal employment behavior and provide important remedies to injured workers. But not every claim needs to go to trial. Find out how a lawyer can help you settle a sexual harassment claim out of court, and why you might want to.

In this post, I will discuss the out-of-court settlements entered by Fox News regarding TV personality Bill O’Reilly. I will explain why some employees say yes to out-of-court settlements, and how a lawyer can help protect your rights during negotiations.

Fox News Settles Sexual Harassment Claims

2016 posed big employment law challenges for Fox News. The company faced sexual harassment lawsuits by reporters Gretchen Carlson and Andrea Tantaros, who claimed former chairman Roger Ailes and others in upper management had subjected them to on-going gender discrimination and sexual harassment. Now, in 2017, the New York Times has reported that there was even more going on behind the scenes.

The newspaper obtained a letter that complained of sexual harassment claims by employee Juliet Huddy against TV host Bill O’Reilly. According to the letter, O’Reilly tried to have a sexual relationship with Huddy in 2011, at a time when he had significant influence over the direction of her career. Specifically, the letter said O’Reilly invited her to his home, tried to kiss her, took her out to dinner and the theater, and then appeared at the door to meet her in his boxer shorts. When Huddy refused his advances, the letter says O’Reilly tried to interfere with her professional advancement. Fox executive Jack Abernethy was also said to have retaliated against her professionally after she declined O’Reilly’s personal relationship.

Fox News and Mr. O’Reilly’s attorney have denied the allegations, but that did not stop them from entering into a high six figure settlement with Ms. Huddy. In exchange for the money, Huddy agreed not to sue the company for her sexual harassment claims.

The Benefits of a Sexual Harassment Settlement

If you have been the victim of ongoing sexual harassment, it can be tempting to insist on your day in court. But depending on your long-term employment goals, a settlement may be better for you, and your career.

Out-Of-Court Settlements Mend Fences in the Workplace

If your goal is to stay with your company, you will be working day-to-day with the potential defendants in any eventual lawsuit. While retaliation is illegal, you can’t litigate against hard feelings. If you want to stay on good terms with your employers and coworkers, an internal settlement may be able to get you the relief you need, without making you and your boss enemies.

Settlements Get Relief Faster

Lawsuits and Equal Employment Opportunity Commission (EEOC) investigations take time. If you go through formal channels, it can take months, or sometimes years, before you receive the relief you need. But if you engage your employer in informal negotiations instead, you could end up back to work faster. Depending on your claims, it may be possible to avoid any interruption to your income, work schedule, or employee-provided insurance.

Settlements Keep Your Affairs Private

Privacy is perhaps the biggest attraction of a sexual harassment settlement, for both sides. Employers often want to avoid the negative publicity of employment discrimination claims filed in court. Employees may not want their personal affairs to become part of public court record. The New York Times article proves that even informal settlements can sometimes go public. But many settlement agreements include non-disclosure provisions that protect the privacy of everyone involved.

How a Sexual Harassment Lawyer Can Help

It may be tempting to try to handle your sexual harassment complaints yourself. After you file an internal H.R. complaint or a grievance with your union, it may seem like there is nothing a lawyer can do. But any time an employer starts to talk about a “waiver” or “satisfaction of claims” it is essential that you get an experienced sexual harassment attorney on your side.

Employment discrimination laws give you access to a wide variety of remedies, from back pay and other financial compensation, to equitable remedies. Your employer could be required to discipline, or even fire, your harasser, and make changes to policy at the office, among other things. But if you never speak to a lawyer, you could very easily overlook some of your rights. A sexual harassment lawyer can make sure you get the remedies that will prevent the behavior from happening again, along with a fair financial compensation.

Many employers will try to sweep a wide variety of claims together when entering a settlement. Depending on the language of the settlement agreement, you could accidentally be forgiving the company for far more than you intended, even future behavior. An employment discrimination attorney can carefully review any settlement language to make sure you aren’t giving up more than you intended.

At Eisenberg & Baum, LLP, we know how to protect all of your rights at work, along with your privacy. Our experienced sexual harassment attorneys will meet with you to discuss your priorities and create a strategy to get you the relief you need. Contact us today to schedule a free initial consultation and get your case started.

Kansas Custodians Say They Were Fired After Reporting Sexual Harassment

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If you are facing a sexually hostile work environment, you may be hesitant to report it. You may be afraid you will be fired after reporting sexual harassment to your employer or the EEOC. That’s what happened to several Kansas school district custodians who were facing harassment at work.

In this blog, I will review the case of Reyes et al. v. Hugoton Public Schools. I will explain what sexual harassment charges look like, and what you can do if you have been retaliated against after standing up for your rights at work.

Kansas Custodians Face Sexual Harassment at Work

Elda Pena and Francisca Reyes were custodians for a Kansas high school within the Hugoton Public School District. Pena had been working there since 2010; Reyes since 2012. In a complaint filed with the United States District Court for the District of Kansas, they said that their mutual supervisor Rogelio Hernandez had sexually harassed them, and that they were fired after reporting that sexual harassment.

According to the complaint, Hernandez groped the women, demeaned them, and invaded their privacy. He would call Reyes a Spanish word for a woman who leaves a man with “blue balls.” He called Pena a prostitute and said that she had to have sex with him if he asked, because he was her boss. He would stand uncomfortably close to them and would regularly walk into the women’s restroom without knocking.

In August 2013, Reyes, Pena, and five other women met with the district superintendent, Mark Crawford, to register their complaints. Crawford dismissed them, telling them through a translator that Hernandez was a good man. He said to forget about it and not take any action against their boss. In responding that way, Crawford ignored the fact that Hernandez had previously been suspended for two days based on a 2012 sexual harassment claim.

When the women persisted, Crawford eventually reassigned Hernandez to another shift and put him on 120 days of probation. He also reassigned Reyes and Pena. However, Hernandez continued as Director of Facilities. But in doing so, Crawford assigned Pena to a supervisor against whom Pena had previously lodged a separate complaint, saying that he groped and sexually harassed her when they worked together in the past.

Then, on October 7, 2013, Crawford fired Pena outright and sent Reyes a letter, warning her that “talking negatively about your direct supervisor with other staff members and the community in general is completely unacceptable.” He fired her a week later.

Sexual Harassment At Work Is Illegal

The kind of treatment Reyes and Pena report is illegal under Title VII of the federal Civil Rights Act, as well as state anti-discrimination laws. Federal law says illegal sexual harassment can include:

  • Unwanted sexual advances
  • Requests for sexual favors
  • Physical conduct of a sexual nature
  • Insults or demeaning statements based on a person sex

The conduct may be by a person’s supervisor (like Hernandez), co-worker, or even a client or customer. When this behavior becomes frequent enough or severe enough to create a hostile work environment, or results in an adverse employment decision, it becomes illegal sexual harassment.

In determining the strength of a sexual harassment claim, employment discrimination lawyers and federal judges will look at how an employer responded to formal or informal complaints. If the Kansas custodians’ claims are proven, the superintendent’s disregard for their concerns could work against the district at court.

Fired After Reporting Sexual Harassment? That’s Illegal Too

Crawford’s initial response to the women’s sexual harassment claims was bad enough, but when he fired them both within a week, he likely committed illegal retaliation. Every civil rights statute that the Equal Employment Opportunity Commission (EEOC) enforces, including the federal Civil Rights Act, includes protection against retaliation. If an employee is discriminated against because she complains about sexual harassment in her workplace, that in itself may be grounds for a lawsuit.

The sexual harassment attorneys for the Kansas custodians are seeking back pay, front pay based on their lack of employment, and punitive damages against the school district. Retaliation claims can also result in additional damages for:

  • Expenses related to finding replacement employment
  • Costs of mental, emotional, or other treatment needed as a result of the harassment
  • Other out-of-pocket expenses
  • Pain and suffering for emotional harm, mental anguish, or loss of enjoyment of life.

Retaliation protections apply to more than just the victim of sexual harassment. Anyone fired after reporting sexual harassment, acting as a witness, or participating in the investigation in any way may be entitled to civil rights protections.

If you have been fired after reporting sexual harassment, you need to talk to an experienced employment discrimination attorney to find out what protections are available to you. At Eisenberg & Baum, LLP, our attorneys are trained to help you fight back against retaliation and sexual harassment. Contact us today to schedule a free consultation, and find out whether you have a case.