Re: Ex-employee Suing Faux On Racism Charges - Let's Keep This Out Of The Memory Hole

[Turborama]

This is one news story that really needs to be kept out of the memory hole, and it's in danger of falling down it. I've been looking all over the place and can't find anything apart from the original story. Does anyone know where to find the latest details?

Refresher:

Fox News Sued By Ex-Employee Alleging He Was Fired For Complaining About Workplace Racism

First Posted: 10-20-10 09:21 PM | Updated: 10-20-10 09:21 PM

Fox News is facing a lawsuit from a former technician who alleges that while at the network, he faced "daily abuse, fear and humiliation" from other employees because of his race, and when he eventually complained, he was fired.

One instance occurred during the 2008 presidential campaign. According to the complaint filed by Harmeen Jones, 32, who is African-American, two of his coworkers said in front of him that they wouldn't feel comfortable having a black president. Jones alleges that one of the men looked at him, saw he was uncomfortable and said, "m I offending your blackness?"

Another example came during the health care debate, when he and his co-workers were working in the "intake room" with screens showing footage from a tea party rally. "(T)his is what happens when you mess with white people's health care," one of the men allegedly told Jones.

Jones filed the complaint in U.S. District Court for the Southern District of New York, naming Fox News and seven of his former colleagues as defendants. He is seeking $5 million in damages.

"Fox News has not received a complaint and therefore cannot comment," a spokesperson said in a statement to The Huffington Post.

Fill article: http://www.huffingtonpost.com/2010/10/20/fox-news-lawsuit-sued-employee-racism-abuse_n_770718.html

The charges in full (17 page PDF)
It looks like he's going for a lot more than $5Mill, or am I not reading it right?
http://big.assets.huffingtonpost.com/JonesComplaintFoxNews.pdf

[melm00se]

1. this reads

like a pretty standard hostile workplace environment complaint.

It'll be interesting to see if Fox settles, goes to trial or if the Fox employment agreement contains language that forces arbitration vs judicial action in the form of a lawsuit.

If the facts are accurate (and plaintiff's complaints always read like this), then he certainly has cause and a case. It'll be interesting to see what defense is raised by Fox and the documented evidence that they present in support of their defense.

I can tell you that when I had to terminate someone for things other than cause (theft, insubordination, violence in the workplace and the like), the paper trail was extensive, even more so if the employee in question had raised issues like discrimination or sexual harassment. Most, if not all, companies work diligently to avoid the appearance of taking retributive action for filing complaints.

Also, as I said above, so many employment agreements contain clauses that require arbitration before lawsuit. The complaint doesn't appear to address that (nor should it as it drastically weakens their case as that may remove the court's immediate jurisdiction on the case) nor the outcome of any such arbitration.

One should not pass judgment purely based upon the formal complaint as the way they are written and the specific evidence that is left out would make Mother Teresa sound like a blood drinking, flesh eating demon from the 7th circle of hell. The evidence will have to bear out the assertions and claims made by the plaintiff and we have yet to see any of that.

[Turborama]

2. Thanks for the review

Having nothing else to go on, Faux have left it hanging in the air and for everyone to judge them purely against the complaints, it seems.

It sounds like you might know what the next stage would be, any ideas on that and how long it will take before we hear any updates?

[jberryhill]

3. I'm not sure you understand how slowly lawsuits move

You can follow any federal lawsuit you'd like with an account at www.pacer.gov. That is a paid system, but the charges are minimal, and charges less than $10 per quarter are waived.

The next deadline is December 17 for Fox to file an answer to the complaint, or to file a motion on any of several grounds to dismiss. Those are typically extended for a number of reasons.

There's not going to be any "news" about this case for quite a while.


U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:10-cv-07967-PKC

Jones v. Fox News Network et al
Assigned to: Judge P. Kevin Castel
Cause: 28:1343 Violation of Civil Rights
Date Filed: 10/20/2010
Jury Demand: Plaintiff
Nature of Suit: 442 Civil Rights: Jobs
Jurisdiction: Federal Question


10/20/2010 1 COMPLAINT against Steve Carey(In his Official Capacity), Steve Carey(Individually), Denise Collins(Individually), Denise Collins(In his Official Capacity), Fox News Network, Mike Greco(In his Official Capacity), Mike Greco(Individually), Sean McCool(Individually), Sean McCool(In his Official Capacity), Jason Oster(Individually), Jason Oster(In his Official Capacity), Damien Rodriguez(In his Official Capacity), Damien Rodriguez(Individually), William Toth(In his Official Capacity), William Toth(Individually). (Filing Fee $ 350.00, Receipt Number 918618)Document filed by Harmeen S. Jones.(rdz) (Entered: 10/21/2010)

10/20/2010 SUMMONS ISSUED as to Steve Carey(In his Official Capacity), Steve Carey(Individually), Denise Collins(Individually), Denise Collins(In his Official Capacity), Fox News Network, Mike Greco(In his Official Capacity), Mike Greco(Individually), Sean McCool(Individually), Sean McCool(In his Official Capacity), Jason Oster(Individually), Jason Oster(In his Official Capacity), Damien Rodriguez(In his Official Capacity), Damien Rodriguez(Individually), William Toth(In his Official Capacity), William Toth(Individually). (rdz) (Entered: 10/21/2010)

10/20/2010 Magistrate Judge Theodore H. Katz is so designated. (rdz) (Entered: 10/21/2010)

10/20/2010 Case Designated ECF. (rdz) (Entered: 10/21/2010)

10/26/2010 2 ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/15/2010 at 02:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 10/26/10) (mro) (Entered: 10/26/2010)

11/02/2010 3 ENDORSED LETTER addressed to Judge P. Kevin Castel from Barry Asen dated 11/1/2010 re: Requesting that Fox News' time to answer, move and otherwise respond to the complaint be extended for 30 days until December 17, 2010. ENDORSEMENT: Granted. (Signed by Judge P. Kevin Castel on 11/1/2010) (jpo) (Entered: 11/02/2010)

11/05/2010 4 AFFIDAVIT OF SERVICE. Steve Carey(In his Official Capacity) served on 11/2/2010, answer due 11/23/2010; Steve Carey(Individually) served on 11/2/2010, answer due 11/23/2010. Service was accepted by WILLIAM TOTH, S.V.P. LEGAL AND BUSINESS AFFAIRS AND CO-WORKER. Document filed by Harmeen S. Jones. (Goldfinger, Roger) (Entered: 11/05/2010)

11/05/2010 5 AFFIDAVIT OF SERVICE. Denise Collins(Individually) served on 11/2/2010, answer due 11/23/2010; Denise Collins(In his Official Capacity) served on 11/2/2010, answer due 11/23/2010. Service was accepted by WILLIAM TOTH, S.V.P. LEGAL AND BUSINESS AFFAIRS AND CO-WORKER. Document filed by Harmeen S. Jones. (Goldfinger, Roger) (Entered: 11/05/2010)

11/05/2010 6 AFFIDAVIT OF SERVICE. Jason Oster(Individually) served on 11/2/2010, answer due 11/23/2010; Jason Oster(In his Official Capacity) served on 11/2/2010, answer due 11/23/2010. Service was accepted by WILLIAM TOTH, S.V.P. LEGAL AND BUSINESS AFFAIRS AND CO-WORKER. Document filed by Harmeen S. Jones. (Goldfinger, Roger) (Entered: 11/05/2010)

11/05/2010 7 AFFIDAVIT OF SERVICE. Mike Greco(In his Official Capacity) served on 11/2/2010, answer due 11/23/2010; Mike Greco(Individually) served on 11/2/2010, answer due 11/23/2010. Service was accepted by WILLIAM TOTH, S.V.P. LEGAL AND BUSINESS AFFAIRS AND CO-WORKER. Document filed by Harmeen S. Jones. (Goldfinger, Roger) (Entered: 11/05/2010)

11/05/2010 8 AFFIDAVIT OF SERVICE. Sean McCool(Individually) served on 11/2/2010, answer due 11/23/2010; Sean McCool(In his Official Capacity) served on 11/2/2010, answer due 11/23/2010. Service was accepted by WILLIAM TOTH, S.V.P. LEGAL AND BUSINESS AFFAIRS AND CO-WORKER. Document filed by Harmeen S. Jones. (Goldfinger, Roger) (Entered: 11/05/2010)

11/05/2010 9 AFFIDAVIT OF SERVICE. William Toth(In his Official Capacity) served on 11/2/2010, answer due 11/23/2010; William Toth(Individually) served on 11/2/2010, answer due 11/23/2010. Service was accepted by WILLIAM TOTH, S.V.P. LEGAL AND BUSINESS AFFAIRS. Document filed by Harmeen S. Jones. (Goldfinger, Roger) (Entered: 11/05/2010)

11/08/2010 10 AFFIDAVIT OF SERVICE. Fox News Network served on 10/29/2010, answer due 12/17/2010. Document filed by Harmeen S. Jones. (Taylor, Mark) (Entered: 11/08/2010)

11/22/2010 11 NOTICE OF APPEARANCE by Barry Lewis Asen on behalf of Steve Carey(In his Official Capacity), Denise Collins(Individually), Fox News Network, Mike Greco(In his Official Capacity), Sean McCool(Individually), Jason Oster(Individually), William Toth(In his Official Capacity) (Asen, Barry) (Entered: 11/22/2010)

[Turborama]

4. You're right, I don't know how slow these things move. Thanks a lot for that update

So, any idea what was going on when they made that appearance on Monday?

[jberryhill]

5. Nothing

It was a piece of paper filed by an attorney saying "I represent these guys."

It's just notifying the court and the parties of the address where to send things.

The next step is a scheduling conference where the parties and the court confer on how long it might take to get through preliminary motions to dismiss, how much time is going to be needed for discovery, set tentative deadlines for summary judgment motions, and set a date for trial maybe in early 2012 or so.

Long before it ever gets near a trial, or even substantive motions, either it will get booted on a contractual provision as noted above, or like the overwhelming majority of civil suits it will be withdrawn subject to a confidential settlement agreement, and you'll really never know what happened.