Okay.
This is something I know a little about. I defend these lawsuits all the time.
I've read the woman's sexual harassment complaint, and O'Reilly's extortion complaint quickly.
I don't see anywhere in the O'Reilly complaint where he denies making the comments he is alleged to have made. My guess is that he did at least some of it, and he has no idea what is on tape.
But the sexual harassment complaint is still garbage.
It doesn't even plead all the necessary elements, just the salacious stuff, in order to do the most damage to O'Reilly. And this is still a shakedown, with a win-win outcome for the Plaintiff, who admits in her complaint "ridiculing" Bush, and her lawyer, who is a big Democrat contributor.
The shakedown was timed to put pressure on O'Reilly to pay, even though this woman hasn't even plead a sexual harassment claim. If he refused to cough up $60 million (and what possible relationship does that nubmer have to any alleged damages?), then the woman and her lawyer could use this lawsuit to tarnish Fox and someone perceived as a Bush supporter.
She hasn't stated a claim because she doesn't even allege that she ever complained to anyone at Fox about O'Reilly's behavior. She undoubtedly knew how to complain. If she chose not to, that's a defense to any sexual harassment claim. You can't go for years like this woman did collecting comments that your boss allegedly made, then hit the company with a lawsuit without first giving the company a chance to correct the problem. But that's exactly what she has done.
The only way to avoid this defense is to show that you suffered some adverse employment action. The woman never makes such an allegation. In fact, O'Reilly was very good to her over the years, as is apparent from her own complaint. He gave her raises and opportunities and praised her work. After two years of this supposed "harassment," she left Fox for CNN and more money. Then after four months, she called the alleged harasser and asked to get her job back. O'Reilly got her the job back, and even gave her extra work on his radio show to make up the salary she wanted.
She has alleged "quid pro quo" harassment, meaning that the boss says something like "Put out, or something bad will happen to your employment." I didn't see anything like that alleged in her complaint. In fact, if he was hitting on her, he was very patient. And he hired her back even though she never put out.
Again. This is a complaint that should be dismissed immediately, because it doesn't contain all the necessary allegations. It is garbage, as far as stating a claim of harassment. It is an obvious attempt to do harm at a strategic time.
PS. I can't stand O'Reilly, and I don't have any trouble imagining him saying all the stuff he is alleged to have said. But she still doesn't have a claim for sexual harassment, even if everything she said in her complaint is completely true.
If there was no truth in the woman's accusations, O'Reilly would have added a defamation count, for sure. Her stuff sounds like she has tapes and was looking for a pay-off.
I also agree with you that O'Reilly is a tendentious blow-hard whom I can barely listen to.
What is it going to take to break this poisonous political atmosphere? It was like this at the beginning of the 19th century, and only improved during the 'Era of Good Feelings'. Hmmmm
Sorry if this is a duplicate post; internet difficulties.
With regard to your claim the harrasment plaintiff didn't plead all the elecments - isn't the relative to the case law in the jurisdiction in question - here, New York?
I'm not pretending that I know much about this area of the law; perhaps there are commonalities in the common-law of the states such that one can be confident that the elements of the "hostile environment" brand of sexual harrassment are not met here according to New York law.
The shake down started at $600 million! I'll see if I can find it.
It is interesting to me that her boss at CNN was fired for sexual harrassment. Does she have a record of making this stuff up?
Much as I dislike BOR at times, I have a hard time believing this of him.