Britt McHenry and George Murdoch, aka Tyrus and Brodus Clay. (Fox News / YouTube / Mike Coppola / Getty Images)
Fox Nation commentator Britt McHenry’s sexual harassment lawsuit against her former co-host George Murdoch (aka Tyrus) may go further, a federal judge ruled on Friday. But McHenry’s allegations against Fox News’ parent company and two of its directors, John Finley and Monica Mekeel, were rejected.
In his ruling, U.S. District Judge Paul Engelmayer ruled that “Murdoch’s communications [to McHenry], as they say, are easy to interpret to reflect sexual progress and proposals, although unusually rude and clumsy towards her. The judge also ruled that the text messages included in the complaint “do not affirmatively support the conclusion that McHenry cultivated Murdoch’s text messages to her, including those relating to her genitals and sexual desires.”
Engelmayer rejected Murdoch’s motion to dismiss McHenry’s allegations that he retaliated against her for speaking out about his alleged behavior based on “the temporal approximation of Murdoch’s acts of complaint and the investigation of his behavior; Murdoch’s sudden change in behavior, from making sexual advances towards her to throwing her in the air and in front of a guest on the network and disseminating texts and images with documents; and from the anger reflected in these acts. “
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Although the judge rejected McHenry’s claims to help and incite sexual harassment and gender discrimination against Jennifer Rauchet, an executive producer at Fox Nation, McHenry will be able to continue his retaliation claims against Rauchet.
“We are pleased that the court rejected all of McHenry’s baseless claims against Fox Corporation, Monica Mekeel and John Finley, as well as the harassment claims against Jennifer Rauchet,” a Fox News spokeswoman said in a statement. “Once the facts of the case are presented, we are confident that Fox News and Rauchet will prevail over McHenry’s remaining claims, which are equally unfounded.”
Last year, McHenry sued Murdoch, Fox News, the parent company Fox Corp. and three network executives – Rauchet, Finley and Mekeel – after he said the network did not adequately respond to his allegations of sexual harassment against Murdoch and then retaliated against her for redirecting.
Read also: Britt McHenry, Fox Nation, calls for sexual harassment, retaliation
In the initial complaint, McHenry said that Murdoch’s sexual harassment began in August 2018, just before she and Murdoch became co-hosts on Fox Nation’s “Un-PC.” At that time, McHenry said, Murdoch started sending her unwanted sexual texts like, “Dick is coming in 5 seconds !!!!” and “I especially like your hot knee,” according to the suit.
“I am pleased with today’s ruling that my case against my harasser, Fox News and an executive producer involved, will go ahead,” McHenry said in a statement to TheWrap. “For every woman who fights for fairness and professionalism, trust that our voices are heard. In a year that has brought so many difficulties, this is a light at the end of the tunnel. “
A lawyer for Murdoch did not immediately respond to TheWrap’s request for comment.
Pamela Chelin contributed to this report.