"Knowing Ms. Bernstein and O'Reilly's other victims are afraid to speak out because he and Fox forced them to sign nondisclosure agreements, O'Reilly and Fox have made false and disparaging claims", Mullin, her attorney, said in a statement. As the New York Times explains, these types of settlements typically include iron-clad confidentiality and nondisparagement clauses.
The woman, Rachel Witlieb Bernstein, is one of six known to have reached settlements after making accusations against Mr. O'Reilly. In a suit filed Monday, she accused him of defamation and breach of contract over comments he has publicly made about the allegations. Bernstein had complained about abuse, non-sexual in nature, by O'Reilly when she worked at Fox.
Mr. O'Reilly has repeatedly said that the harassment allegations that led to his ouster from Fox News in April have no merit, that he never mistreated anyone and that he resolved the matters privately to protect his children.
Her lawsuit also claims that O'Reilly's statements that no complaints were filed against him are "deliberately misleading".
Bernstein says in her suit she was not a hotspot for investigative stories on O'Reilly's conduct.
"O'Reilly portrayed himself as a "target" and claimed that complaints against him are extortionate", Ms. Bernstein's lawsuit said.
She's one of the five women named in an April New York Times report about $13 million worth of settlements by O'Reilly and the company.
Subsequent statements by O'Reilly are alleged to have violated the nondisparagement clause, according to Bernstein.
"He's gone far beyond that and painted our client in a awful light", lawyer Neil Mullin told WaPo, claiming that O'Reilly violated the 2002 settlement case by implying that Bernstein's claims were politically motivated, Variety reported.
A spokeswoman for Fox News could not be reached for comment.
The plaintiff said she was not the source for the information printed in the Times story.
Bernstein's suit claims emotional distress as well as reputational and financial harm.
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