A federal judge on Friday denied Fox News personality Tyrus’ attempt, along with that of Fox Nation executive producer Jennifer Rauchet, to toss out anchor Britt McHenry’s lawsuit alleging sexual harassment and retaliation. However, while he allowed McHenry’s litigation against Tyrus, Rauchet and Fox News, U.S. District Judge Paul A. Engelmayer dismissed with prejudice her allegations against Fox News executive vice president John Finley, who oversees the Fox Nation streaming service, along with HR official Monica Mekeel and Fox Corp., the cable channel’s parent company.
“I am pleased with the judge's ruling today that my case against my harasser (George Murdoch AKA Tyrus), Fox News, and an executive producer (Jennifer Rauchet) involved will move forward,” said McHenry, who is still a Fox Nation contributor, but has not been on camera in months. “This is personal because in the same year I fought sexual misconduct, I suffered from brain cancer. A large brain tumor in my left frontal lobe requiring imminent surgery happened at the same time I fought for the truth in this lawsuit.”
McHenry alleged that Tyrus, a former pro wrestler who was her co-host on the Fox Nation show Un-PC in 2019, sent her a barrage of unwelcome and sexually harassing texts, including threats to send her “dick pics,” was physically aggressive, and repeatedly demeaned her on air and in person. Rauchet, the lawsuit alleges, initially ignored her complaints and ultimately retaliated against her, discouraging Fox News producers from booking her on programs, while giving Tyrus his own Fox Nation show and letting him appear frequently on the career-enhancing channel. Both Rauchet and Murdoch have denied the allegations, and the judge also dismissed her “aiding and abetting” sexual harassment claim against the producer while permitting the retaliation complaint.
Responding to the ruling, a Fox News spokesperson said: “Once the facts of the case have been presented, we are confident Fox News and Rauchet will prevail on McHenry’s remaining claims, which are equally without merit.” Meanwhile, McHenry added: “For every woman who struggles for equity and professionalism, trust that our voices are heard.”
Diana Falzone was an on-camera and digital reporter for FoxNews.com from 2012 to 2018. In May 2017, she filed a gender discrimination and disability lawsuit against the network and settled, and left the company in March 2018.