Case: Brown v. Twenty-First Century Fox

17-22446 | New York state trial court

Filed Date: March 29, 2017

Closed Date: 2018

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Case Summary

On March 29, 2017, the plaintiffs, employees of Fox News, sued Fox News and Judith Slater, the former Senior Vice President of Accounting and Controller of Fox News, in the Supreme Court of Bronx County, New York. The plaintiffs alleged that the defendants had discriminated and harassed the plaintiffs on the basis of the plaintiffs' race, ethnicity, and national origin in violation of the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). The complaint sou…

On March 29, 2017, the plaintiffs, employees of Fox News, sued Fox News and Judith Slater, the former Senior Vice President of Accounting and Controller of Fox News, in the Supreme Court of Bronx County, New York. The plaintiffs alleged that the defendants had discriminated and harassed the plaintiffs on the basis of the plaintiffs' race, ethnicity, and national origin in violation of the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). The complaint sought a declaratory judgment that the actions, conduct, and practices of the defendants violated the laws of the State and City of New York, monetary damages, punitive damages, and reasonable attorneys’ fees and costs. On April 4, 2017, an additional Fox News employee joined this action.

Although much of the docket and filings are unavailable, an opinion, dated November 13, 2017, by Judge Mary Ann Brigantti indicates that the plaintiffs moved for an order to grant their request to file a second amended complaint. The plaintiffs’ second amended complaint sought to add ten additional plaintiffs to this action and to convert the case into a class action lawsuit. The defendants opposed the motion and cross-moved for an order to compel arbitration of one of the proposed plaintiff’s claims and a declaratory judgment that another of the proposed plaintiff’s claims were barred pursuant to a release and waiver of claims. Judge Brigantti granted the plaintiffs’ motion to file a second amended complaint, allowing them to add eight of the ten requested additional plaintiffs and to include class-action allegations. However, she granted the defendant’s cross-motions as to two of the proposed plaintiffs, finding that one had an unambiguous arbitration clause in his employment contract that required him to arbitrate his claims and that the other one had signed a severance agreement and release that waived his rights to pursue his claims against the defendants.

On October 5, 2017, the plaintiffs sought a default judgment, which was denied by Judge Brigantti on December 21, 2017.

On July 5, 2018, it seems that the case was privately settled and closed. According to news sources, the defendant settled for approximately $10 million to resolve multiple suits involving 18 current and former employees, including this action. Although it was reported that part of the $10 million payment included attorneys’ fees, it is unclear how much each plaintiff received.

Summary Authors

Lisa Limb (4/7/2019)

People


Judge(s)

Brigantti, Mary Ann (New York)

Attorney for Plaintiff

Christensen, Jeanne M. (New York)

Crabill, Taylor (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Asen, Barry (New York)

Buseman, Nicole Lynn (New York)

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Documents in the Clearinghouse

Document

22446/2017E

Docket

Aug. 8, 2018

Aug. 8, 2018

Docket

22446/2017E

Complaint

March 28, 2017

March 28, 2017

Complaint

22446/2017E

Second Amended Class Action Complaint

May 8, 2017

May 8, 2017

Complaint

22446/2017E

Opinion

Nov. 13, 2017

Nov. 13, 2017

Order/Opinion

2017 N.Y.Misc.LEXIS 2017

Resources

Docket

Last updated Sept. 9, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: March 29, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former and current employees of Fox News.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Twenty-First Century Fox, Inc., Private Entity/Person

Case Details

Causes of Action:

State law

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Discrimination-area:

Disparate Treatment

Discipline

Harassment / Hostile Work Environment

Pay / Benefits

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic

Other