Discrimination Retaliation Case Against Fox News Dismissed

August 31, 2011 (PLANSPONSOR.com) – Fox News Network LLC has won dismissal of a case in which the Equal Employment Opportunity Commission (EEOC) contended the network violated federal discrimination and retaliation laws in its treatment of a reporter.  

According to Business Insurance, the EEOC claimed New York-based Fox News had been charged with violating Title VII of the Civil Rights Act of 1964, Tile I of the Civil Rights Act of 1991, the Equal Pay Act of 1963, and the Age Discrimination in Employment Act of 1967 with respect to the company’s treatment of reporter and former anchor Catherine Herridge (See Fox News Sued by EEOC). 

An EEOC investigation resulted in its 2010 determination that Herridge had not been discriminated against personally, but did conclude Fox News had retaliated against Herridge because she opposed discrimination. 

Business Insurance said the dispute focused on prolonged negotiations for Herridge's 2008-2011 contract. It also involved her demand for a five-year contract, rather than the typical three-year contract, among other issues. 

After a close examination of the record, U.S. District Court Judge Richard J. Leon ruled last week “that no jury could find that Herridge’s alleged harms would constitute a materially adverse action in the mind of a reasonable employee.” 

According to the news report, Leon also stated, “Herridge’s allegations of retaliation, and her eagerness to blame Fox News for delays in salary negotiations, are belied by the persistent and unfeasible demands detailed in the record. Accordingly, a reasonable jury could not infer retaliation from the record and plaintiff’s claims must be dismissed.”