Fox News, Former Employee Poised for Court Showdown Over 2020 Assault Case

As a seasoned cinema devotee with a keen eye for intricate narratives and a deep respect for justice, I find myself drawn to the unfolding saga of Jennifer Eckhart versus Fox News. Having spent countless hours engrossed in tales of power dynamics, corruption, and courage, this real-life drama strikes an eerie resemblance to many a gripping film I’ve seen over the years.


The legal battle between Fox News and Jennifer Eckhart, a previous associate producer at Fox Business Network, may soon reach the courtroom in a sensational case that has been winding its way through the judicial system for the last four years.

On Monday, Fox News made a court application seeking an immediate judgment in the case where Eckhart claims she was sexually assaulted by Ed Henry, a former Fox News correspondent who was dismissed from the company in 2020 after an examination of workplace misconduct accusations. Eckhart’s lawsuit was submitted to the U.S. District Court for the Southern District of New York back in July 2020. Previously, Henry’s lawyer stated that Eckhart initiated and willingly participated in a consensual relationship. Fox News terminated Eckhart’s employment before she made allegations against Henry.

Regarding the possibility of discussing the case publicly, Eckhart stated, “It’s a scenario I’ve planned for and I’m ready to face.” He also clarified, “There’s no restriction preventing me from speaking out.

Meeting in court would serve as an unpleasant ordeal for each side. Eckart would likely have to answer detailed questions about her time working at Fox News, while Fox News executives would face the unwelcome prospect of having the network’s business and internal operations laid bare for the general public. Fox Corp. has in the past been willing to go to court on behalf of Fox News in at least some cases. In 2023, the company waited until a much-scrutinized defamation case filed by voting-technology company Dominion Voting opened in Wilmington, Delaware, before agreeing to settle the matter — tied to the plaintiff’s allegation that Fox News aired false claims about its actions and influence on the 2020 election — for $787.5 million.

In the initial lawsuit, Eckhart claimed that Henry, who was once a presenter on “America’s Newsroom” and the network’s mid-morning news program, used inappropriate means to win her over emotionally, control, and force her into a sexual relationship. She alleged that when she refused willingly, he took advantage of her sexually at the office, and raped her at a hotel often used by Fox News for housing their temporary workers.

On the night of Monday, Fox News stated that they took action on Eckhart’s accusations immediately upon receiving them.

For the first time on June 25, 2020, Eckhart’s lawyers brought accusations against FNN to them, which were made three years after the alleged harassment ended and two weeks after Eckhart was terminated from her job due to persistent performance issues. In response to these allegations, FNN President Jay Wallace and Executive Vice President of Human Resources Kevin Lord immediately suspended Henry, removed him from airtime, and enlisted an independent law firm to investigate. Notably, during the investigation, Eckhart refused to share her communications with Henry – conversations that later in discovery were found to contain sexually suggestive messages and intimate images which she omitted from her lawsuit. FNN’s investigator presented their findings, and Wallace and Lord dismissed Henry for his admitted violations of workplace policy six days after receiving Eckhart’s complaint. On the same day as Henry’s dismissal, Wallace and FNN CEO Suzanne Scott informed all employees that FNN had received a sexual misconduct complaint against Henry, conducted an investigation, and fired him. They also reminded everyone that FNN does not tolerate any form of sexual harassment, misconduct, or discrimination.

According to the company’s statement, Fox News acted in a manner that a reasonable employer would take, promptly addressing Henry’s alleged misconduct when it was brought to their attention. They also asserted they are entitled to dismiss Eckhart’s remaining claims of sexual harassment, negligence, and retaliation through summary judgment.

Michael J. Willemin, an attorney representing Eckhart through the Wigdor law firm, expressed his belief that it’s highly unlikely Fox News will be granted their request for a summary judgement. He stated that they anticipate this motion to be denied, and are eager to proceed with the trial in front of a jury consisting of Jennifer’s peers. Moreover, he finds it implausible that Fox News was unaware of Mr. Henry’s inappropriate behavior towards women before Eckhart’s allegations surfaced.

Following Jennifer Eckhart’s accusations in 2020, Fox News swiftly initiated an investigation led by an external, independent law firm and fired Ed Henry within six days. In a statement released on Tuesday, Fox News acknowledged that they became aware of their relationship or Ms. Eckhart’s allegations only after she had departed from the company. They emphasized that only Mr. Henry and Ms. Eckhart are privy to what transpired between them.

Eckhart anticipates that the conclusion of this case, four years from now, will become a guiding light for trauma survivors across the board, and she is convinced that her actions and conduct throughout this process will establish a groundbreaking precedent and serve as a roadmap for future victims of sexual assault in the workplace.

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2024-09-24 22:17