A federal judge has chose to trim claims from Jennifer Eckhart yet ruled that she plausibly alleges the network should have actually known about sexually harassing behavior.

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Thanks to a judgment on Thursday,Jennifer Eckhart will have the ability to proceed in a lawsuit versus Fox News end its responsibility for a correspondent’s sexual misconduct.

Eckhart, a previous associate producer top top Fox service Network, alleges she withstood years of sex-related harassment consisting of lewd message from Ed Henry, the Fox News’ former White residence correspondent. She more alleges being coerced into a sexual relationship and that the culminated in violent rape in a hotel room. Henry was fired together a an outcome of she charges, but the termination wasn’t sufficient to avoid Eckhart indigenous going come court against Fox News.

U.S. Ar Court referee Ronnie Abrams sees sufficient in her complaint to allow a case for harassment under brand-new York State human being Rights Law, back the referee is dismissing a 2nd claim because that sex trafficking.

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According come the 52-page opinion (read here), lot of Henry’s alleged abuse falls exterior of the statute of limitations, yet there’s enough from 2018 to lug her fit under new York legislation (if no Title VII) because that now.

In allowing a enemy workplace claim, Abrams points come allegations that it was an “open secret” that Henry was a “serial harasser,” the Fox News had actually received a former complaint around him, and that the legislation firm that Paul, Weiss had conducted an inner investigation right into sexual harassment in the wake of allegations versus former Fox News chief i get it Ailes.

The judge rules that these allegations “suffice, in ~ this stage, to develop that Fox News knew or should have known of Henry’s misconduct.”

Additionally, Eckhart is allowed second claim because that retaliation in an answer to her termination. She may also pursue minimal claims versus Henry himself.

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This is one of two rulings this particular day on the sexual misconduct front against Fox News. In a 2nd ruling, judge Abrams rejects cases from Cathy Areu, who when regularly showed up on Fox News and made a slew that accusations against network hosts Howie Kurtz, Tucker Carlson and Sean Hannity. Abrams rules Areu is no a covered employee and thus can’t support assorted employment claims, return the judge decreases to award penalty demanded by the defendants.

In a statement ~ the ruling was released, a Fox News spokesperson commented, “While we space pleased judge Abrams ruled in favor of our activity to dismiss the Cathy Areu case, we continue to be committed to defending against the baseless allegations against Fox outlined in Jennifer Eckhart’s claims. As we have previously stated, upon first learning of Ms. Eckhart’s allegations versus Ed Henry, Fox News Media automatically commenced a thorough live independence investigation and also within six days dismissed Mr. Henry for cause. Us look forward to proving through the discovery process that Fox News Media bring away harassment allegations seriously and acted appropriately.”