Bill O’Reilly Is Sued by Woman Who Settled Over Harassment Accusations

Dec 04, 2017 · 239 comments
Eli (Boston)
After losing first round Mr. O’Reilly, it appears his counterattacks may lead to a total rout. I will not be surprised if unsealing the documents that he bought silence with for millions, lead to convictions that may land him in jail. I for one cannot wait to see him with striped suits the other kind, with jail stripes.
on-line reader (Canada)
Well Mr. O'Reilly, this is another big mess you've gotten yourself into! Too bad all this hyper-litigationary atmosphere doesn't apply to men. I recall having one job where my (female) boss berated me publicly in front of other employees, refused to accept my work hours report unless I padded the hours on projects to hide the hours where she didn't have any work for me, threw work at me that I had absolutely no background in, refused to provide any assistance when I asked for it, insisted I start cc'ing her on e-mails then complained that I was sending out too many e-mails, and generally issued contrary instructions where I had to guess as to what I was supposed to do. And after I left this position, I had some medical problems having to do with the stress of dealing with this woman. However, all this is a 'So What?' sort of story since, let's face it, no one is going to listen to a man complaining about how he suffered under a female boss.
richard (thailand)
Not worth a comment. Though I am sorry for the victims. Bill O'Reilly go home and stay there.
Christine (California)
Hey NYT I'm running out of popcorn! And my days get shorter and shorter as I read one mind blowing article after another. But gosh, I sure am having fun.
Loretta Marjorie Chardin (San Francisco)
Reilly is a sleaze and I hope he gets fired!
rlk (New York)
Bill O'Reilly is delusional. Sue me Bill.
Kathy Millard (Toronto)
This is the ultimate example how the whole movement is off track. She got 32 million because her boss yelled at her ( everybody heard) and now she wants more $$$ while there is no campaign or emphasis on helpless small children being terrorized by adults in secret sex acts.
Will Swoboda (Garner, NC)
Let me see. She gets a settlement because her boss hollered at her? I would like to get a settlement every time my boss did that terrible thing. I would have retired a whole sooner. I thought the ladies wanted to be treated as equals? I think they should put their big girl panties on and deal with.
John (Baldwin, NY)
Just look at the photo of Billo that accompanies this article. 32 million was not enough. Yuk!
ZijaPulp (Vacationland)
Couldn't happen to a nicer guy.
M. P. Prabhakaran (New York City)
One simple question comes to mind, after reading the story: If Fox News and O’Reilly knew that the women who lodged the complaints had “fabricated” their stories, why didn’t they do everything to disprove them? Why did they go in for settlements, involving a prodigious sum of $45 million? And why did they forbid the women to speak about the matter by getting a confidentiality clause inserted in the settlements? Mr. O’Reilly’s claim that he resolved the matter privately to protect his children is laughable. He would have done his children proud, if he had fought his accusers and proved them wrong. He and his employer, Fox News, settled the matter in a hush-hush manner for the simple reason: They knew that was the only way they could prevent the stench from spreading further. The course of the present case will determine how much more O’Reilly stench we will have to suffer.
Don (Basel CH)
Please someone propose a moratorium on these nondisclosure agreements for harassment. Enough is enough with all forms of institutionalised corruption !
martin (albany, ny)
The article says this woman wasn't alleging sexual harassment? Then what had she complained to HR about?? Bullying? And since O'Reilly said the harassment claims were extortion, how does that relate to this woman? Sounds like her lawyers are trying to break nondisclosure agreements across the board.
Why Not Ask Why? (Highland NY)
Bill O'Reilly is trying to pull "a Trump". This is new term where a person holds to a known lie in the face of all proof and logic to the contrary. Soon Bill will realize that lying has legal fallout whereas he may still think he can get away with spreading falsehoods like he did for years at Fox Entertainment.
Brannon Perkison (Dallas, TX)
Good article, but it fails to mention that even former star Megan Kelly called the Fox "hotline" to complain with no results. It's going to take the support of someone like that to win this case, I'm afraid, because it's not just about O'Reilly but also about Fox covering it all up. So this is really big. For the sake of truth and decency I sure hope Ms. Bernstein is successful. It is totally a violation of these women's rights to publicly defame every single one of them while maintaining that you are a victim of extortion. Sadly, in the age of Trump and GOP control, however, it seems to be considered fair play to use fame and power to bully and silence everyone you abuse. I'll still be surprised if she wins.
Rill (Boston)
Sure - time, likelihood of success, and economic losses in the form of immediate lost wages, future earnings and opportunities, and reputational harm. The math often wildly favors that a victim settle rather than prosecute. You want to take the choice to decide their fate away from victims? When such a tiny, tiny miniscule % of alleged perpetrators are even tried, much less convicted? Talk about unfair.
Fox (Bodega Bay)
Bill really thinks he is a tough guy, doesn't he?
Why Not Ask Why? (Highland NY)
Roy Moore denying allegations of sexual misconduct, pedophilia and predatory behavior seems to have emboldened Bill O'Reilly that he too can lie about his bad behavior. Donald Trump trying to deny that the bus tape was not him may have further encouraged Bill O'Reilly to try contradicting his accuser. Mr. O'Reilly will soon learn that a judge's ruling on a court settlement cannot be swayed by repeating falsehoods in the court of public opinion. Spreading rumors, misleading allegations and lies through Fox Entertainment's media corporation may have been a semi-successful strategy Bill used on The O'Reilly Factor but judges frown on such behavior. And by frown, I mean judges will explain how much that costs you financially with a possibility of jail time.
Mark H (NYC)
O'Reilly's doing a lot of spinning in his no spinning zone.
Bradley Bleck (Spokane, WA)
I wonder if he'll settle?
Frizbane Manley (Winchester, VA)
The Legalities Aside Independent of the many serious problems that afflict this country -- like a very mediocre educational "system," rampant drug dependence, a truly obnoxious economic divide, poverty levels amongst children and seniors -- the pervasiveness of racism and sexism indicate precisely who we are. Taking just a small sample of previously respected -- and, in many cases, once loved -- men like Donald J. Trump, Bill Clinton, George H.W. Bush, Al Franken, Anthony Weiner, John Conyers, Roy Stewart Moore, Mark Halperin, Charlie Rose, Matt Lauer, Michael Oreskes, Roger Ailes, Bill O'Reilly, Johnny Carson, David Letterman, Bill Cosby. Harvey Weinstein, James Levine, Glenn Thrush, Russell Simmons, Kevin Spacey, Jeffrey Tambor, Louis C.K., Ben Affleck, Andy Dick, Chris Savino, Andrew Kreisberg, Hamilton Fish, James Toback, Leon Wieseltier, Brett Ratner, Dustin Hoffman, Jeremy Piven, Steven Seagal, John Besh, ... that's just a tiny, tiny, list of men whose emotional or physical assaults on women (and girls, boys, and other men) have been part and parcel of the sexual "equality" attitudes we embrace. Disgusting!
Debbie (Ohio)
I hope she succeeds in her suit.
Ted chyn (dfw)
Coauthoring with Rachel, "Killing O'Reilly" will be Bill last book.
Aaron (Orange County, CA)
"had suffered reputational harm, emotional distress, physical sickness and loss of income as a result.." Exact same complaint an attorney levied on me when I rear ended somebody in the grocery store parking lot..
Jonathan (Washington, DC)
It is strange to see people questioning settlements based on the thinking that there should be criminal prosecution. Sexual harassment is a violation of Title VII of the Civil Rights Act and state and federal civil rights laws. Those are civil actions involving lawsuits. O'Reilly and Fox can answer those in court, or they can decide to settle the cases as they have done here. Unfortunately O'Reilly feels he can harass freely, pay millions, and the disparage the women he harassed.
BLACK FROST (ALABAMA)
I'm suing for money cause she has gotten broke OR close to running out of money
Donna Gray (Louisa, Va)
Remind me which President from the 1990's also settled a sexual assault case AND plead guilty to perjury AND surrendered his license to practice law?
VMG (NJ)
It seems that the new trend is to use the Trump defense of it never happened , it's all lies and the system is so unfair. It appears that truth and integrity died a long time ago and now it's strickly money. So sad.
HighPlansScribe (Cheyenne WY)
NDA's -nondisclosure agreements need to end. Parties work out a settlement in the venue of public courts, yet the public never learns what happened. Well-heeled, well-connected perpetrators can inflict damage for decades, their victims unable to warn society about their behavior. If there is enough evidence of wrong doing to produce a settlement there is a basis to prosecute. When convicted, these men need to register as sex offenders. Fox News and individuals like Weinstein conduct criminal operations to intimidate victims and ruin their careers. Sounds like Racketeering Influenced Corrupt Organizations to me.
James (Waltham, MA)
Bill has spent his career disparaging and bullying countless people. Now there is an opportunity to pile on Bill. Frankly, I hope a thousand people sue him, whether they were harassed or not, so he can spend the rest of his life sorting it out. Fair and balanced.
Robert E. Kilgore (An island of reason off the coast of Greater Trumpistan)
It's interesting how many subcategories of scumbaggery Fox has used to first abuse and then malign former employees. O'Reilly is perhaps a headliner in its abuse Hall of Fame, but the competition is ongoing and intense.
Mark Hirsh (New Rochelle, NY)
Mt O’Reilly show was full of self-assured arrogance and casual sexism and plenty of spin (despite his promise of a ‘no-spin zone) all delivered in a nasty tone. The only surprise is that it was not an act. The man is convinced of his own self-righteousness, and is in fact, the mean, angry guy we thought was just a character developed for TV.
Dennis Speer (Santa Cruz, CA)
Non-disclosure agreements are the tool used by corrupt politicians, abusive employers and murderous corporations. They often obstruct justice as perpetrators hide behind them and patterns of criminal behavior remain undiscovered.
Charlie (NJ)
I’m no fan of O’Reilly and after seeing his condescending and arrogant treatment of his guests on his show I have no doubt he treated people poorly. But this suit is a poster child for why lawyers are disdained. This woman took a settlement payment and signed an NDA. Now she’s decided she should have held out for more and she’s found a law firm eager to see if they can scoop up a third of a new settlement. I hope O’Reilly wins this one.
Bob Mulholland (Chico, California)
Trump can be a character witness for Bill O'Reilly.
ThoughtfulAttorney (Somewhere Nice )
I guess the multi millionaires on the Right, hunting down past sexual predatory conduct in the Press, and Left, need some distraction from the buzz that Trump and his Right wing donors are hunting the free press, certain networks, Democrats and others on the left. So, here comes a distraction O"Reilly. It is obvious there is a well orchestrated witch hunt against the press and folks on the Left. Why can't the press expose the Right wing culprits too. On Fox News, they are hiding away their sexual harassment settlement agreements, while as usual the press is playing defense. Research the Right wing press sexual harassment settlements too, before they hide them all!! My gosh, this is a distraction. They are hunting the press and Left, and you all are playing victim. Research and expose the Right wing press too. And while you are at it, prevent Russia from manipulating voting tallies and polls. Jeez, was Virginia not clearly a playbook from "How to rig election results" by African Dictators. Give one or two wins, and alter ALL other outcomes!! This is the modus operandi for Russia in rigging polls, elections and causing chaos.
Dave P. (East Tawas, MI.)
Just a small F.Y.I. for the many comments regarding why these women, and some men, settle harassment claims monetarily instead of criminally. Unless the harassment involved physical abuse, than it is not considered a criminal offense. The only recourse is for the one abused is to seek a monetary claim against the individual and/or the employer. And in reading this article, both Fox News and Bill O’Reilly, broke the non-disclosure agreement and should be held liable. Bill O’Reilly and Fox News are both disgusting. To do and allow that behavior is indefensible. And when you wrote a $32,000,000 check to a single woman, you know she was raped and probably had evidence of the rape. Anyone who defends this sick individual and the Trump supporting “News” agency are just as bad. This country has fallen apart when a sexual assaulter is elected president, a child molester is running for Senate and nobody seems to care at all.
max buda (Los Angeles)
Could not keep his mouth shut. An expensive habit.
ambAZ (phoenix)
Of course settlements and lawsuits were the TRUE start of the fall of notorious harassing men . . . money talks and stops the talking. When someone has to pay, the harassers will go away! I hope Bernstein never has to work (with another slanderous, outsize ego-ed, sleazy man) again.
Zdude (Anton Chico, NM)
Bill, Bill, get a clue, you're not broadcasting on Fox television anymore lying about facts. Apparently Mr. O'Reilly cannot grasp why his new "network" is essentially a webcast from his garage---he actually believes a corporation will hire him and advertisers will acquiesce to sharing airspace with him? That Bill he's such a kidder.
Joyce (ATL)
Not sure how the court system works but this case could drag on for years. And will O'Reilly's lawyers have a choice of the case being heard by judge or jury? If by judge, Trump would by then have appointed all his loyal bootlickers. The rules are changing. The world is changing.
Grace Thorsen (Syosset NY)
character is destiny, and the wheels of justice grind slowly, but they grind exceedingly fine.
Realworld (International)
O'Reilly wrote a check for $32 million to his accuser – but he was actually the victim. Well, it was a small price to pay for a quiet life and less stress for his family. Well done Sir.
Craig H. (California)
I'm not clear whether these "nondisclosure agreements and nondisparagement clauses" are put in the employment or are part of the settlement, or both. I don't think they should carry any legal weight in employment contracts. I don't think any civil settlements should carry any legal weight obliging an alleged victim not to press for criminal charges or not to testify.
Jon (Alabama)
NDA that cover up an illegal act should be disallowed and non binding.
Brian (Toronto)
Why is it legal to settle for cash instead of pursuing a criminal case? It makes justice unequal. Those with wealth are insulated from legal action. There ought to be a legal principle barring the exchange of money as an alternative to justice. Can someone explain why there is not?
SLM (Charleston, SC)
The victim has a minor say on whether or not a criminal prosecution will be pursued. That relies on the police and the DA. The criminal justice system is full of people buying different outcomes, even more full of those whose poverty ensures a bad outcome. Condemning victims for choosing a resolution that ensures some punishment with minimal re-traumatization, rather than obligating someone who has been brutalized to be brutalized publicly, over and over again, by those meant to “help,” is cruel and lacks understanding of how the system really works.
Fredda Weinberg (Brooklyn)
I settled a case after it was filed, which is the best legal way. But a victim who needs immediate help can't wait the years it takes, so there's a private settlement. Please don't judge too harshly. Yes, the public is better served by filing charges.
RoseMarieDC (Washington DC)
Because that is how the (imperfect) justice system works in the US. Mind you, also the political system. It would take legislative action to implement many necessary changes to the judicial system but, since most legislators rely on the money from the same people who can buy their way out of the judicial system, those changes will be very hard to come by. Justice has always been unequal in the US, the only difference is that it is now becoming more evident.
John Lusk (Danbury,Connecticut)
Are we to believe that Bill wrote a personal check to 1 person for 32 million but he was innocent of any abuse? It boggles the mind. How dumb does he think we are?
Nyer (NY, NY)
He didn't write the check - fox news or his insurance company did.
Doug (NJ)
He is fairly certain, in his own mind, that all his listeners are idiots.
Kimberly Breeze (Firenze, Italy)
REALLY DUMB! He worked at Fox.
TNM (<br/>)
Remember: He's just trying to protect his kids by showing them publicly that your word (as in the the agreement for confidentiality and nondisparagement which was part of the settlement) doesn't mean anything. Way to go Dad!
NYSkeptic (NYC)
O’Reilly said that he was “mad at God because God didn’t protect him.” So I guess God is getting even.
Realworld (International)
God does not watch Fox.
LS (San Jose)
From what? His own hubris and mysiogyny? Well good for God.
OlderThanDirt (Lake Inferior)
How did Bill O'Reilly defame somebody he never named? Even if the Times was able to ferret out and report her name (did it, was her name even out there?) Ms. Bernstein was contractually obligated not to confirm those reports. No one could ever be sure who O'Reilly's remarks were aimed at. This isn't like, for instance, Sean Spicer making an indirect reference to "a woman who portrayed me on TV," where the reference would clearly be in the public domain. I'm glad to see O'Reilly gone and I wish there was some way to police his and Fox's lies and fake news. But the defamation tort doesn't exist to ensure that people tell the truth. Unfortunately what really appears to be going on here—the article hints at it by describing Ms. Bernstein's settlement as the smallest of Mr. O'Reilly's payoffs—is lawsuit blackmail. Her boss shouldn't have screamed and upset her, but she shouldn't be blackmailing anybody either. A plague on both their houses.
Dp (Boston)
I believe that the times is reporting in what was said in the court filing, and did not actually interview the victim
Doug (NJ)
A plague on both their houses, but in fact, he started it.
RoseMarieDC (Washington DC)
She is not blackmailing him. She is taking him to court and forcing him to spend on legal fees some more of the millions he was paid by Fox while he was their anchor and, at the same time, harassed other employees. To me, this looks like karma, and a good thing. Is he supposed to enjoy a quiet retired life after all the harm he inflicted? What goes around comes around.
del (new york)
Soak him. Drag him through the courts and let his family see who "papa bear" really is. Sorry but the man is an unabashed hypocrite.
Eddie Lew (NYC)
"...he resolved the matters privately to protect his children." that's a joke. How will his children react when they read in history books that he was loud-mouth lying bloviator narcissist creep? He should have thought of his children before he exposed himself for the world to see him for what a pitiful travesty he is as a human being.
mi (Boston)
Sadly, when daddy also has big bucks, so much is dismissed. Just ask Ivanka.
LG (Oakland, CA)
Im sure his children already know he's awful.
JP (CT)
Agreed. An innocent man would have nothing to hear but false accusations and could clear his name to the great benefit of him, his family, truth, justice and the American way. Or he could just throw a pile of money at a viable threat. Bill picks "B".
Mary Paoli (Missoula,mt.)
It reminds me of the secrecy of the pedophilac priests in the Catholic Church and how they relocated them in secrecy to do their dirty deeds over again--no contract/agreement that involves harm to one of the parties, should have a shield of silence
Steve (Chicago)
Why was he not charged with assault or rape? Why is he not in jail?
Michael Kilgariff BTheol DipEd (Australia)
Dear Steve re Mr O'Reilly: Re criminal matters. Attend your local police station. Make a statement, Prepare for cross examination in court and you might avoid it happening again. This process is not easy, mate. I "assume" that Bill is innocent. Days off work and sleepless nights are not easy for the witnesses and for the jury. The coppers and the prosecutors do not sleep well either. Bill just expended millions of US taxpayer dollars without recourse. Mr O'Reilly is sadly an embarrassment to any Catholic of Irish descent who is respectful of the law. Bill needs to attend confession. Mr O'Reilly is thanked for demeaning the Catholic Irish reputation. Bill could contest allegations concerning probity, calumny and criminality and take it to court for judgement. After twelve months Australian courts usually make a judgement if not contested in favor of the plaintiff, victim. Steve, if in doubt contact your local sheriff, legal centre or the FBI or The Times. You just take care now. Kilgariff . Kilgariff
Philip Olson (Fairbanks)
"Why was he not charged with assault or rape? Why is he not in jail?" Money. I think that is abundantly clear, he paid for injustice. This is being written into law while we read outrageous tweets. Those paying attention are ignored.
zipsprite (Marietta)
Sounds like it should be a class action suit.
Herman (San Francisco)
To the extent a non-disclosure agreement is used to shield and further enable new and ongoing criminal behavior, it is unenforceable as contrary to public policy. That’s right, UNENFORCEABLE. Sing it from the rooftops. NDAs that shield criminal activity are unenforceable.
Jeff C (Chicago)
This was not CRIMINAL behavior. Get your facts straight before you go shouting anywhere.
drew (nyc)
1st order of business when dems take control. Make "news" outlets provide all viewpoints in a fair manner. 2nd- do away with gerrymandering.
Emonda (Los Angeles, California)
First one sounds impractical. Second one probably impossible, because states make the rules about elections. For change there, the SC would have to act. And the SC is tilted to the right.
Peter S. (Rochester)
Would all view points include right wing Christians and Muslim radical clerics? How about Nazis? They like to march, its one of their things. And when you say "make", what do you mean? Control the media? You might want to get out your pocket constitution for review.
GWBear (Florida)
YES! Followed by, Undo "Citizens United."
Vincent (West Chester, PA)
Since Bill didn't name her, and he was talking about false sexual harassment claims, what is she suing about? Does she feel left out of the new gravy train? Seems like she just gave O'Reilly a cause of action against her.
mancuroc (rochester)
He didn't need to name her. By claiming that the harassment allegations have no merit, he calls Ms. Bernstein's integrity into question. Unfortunately for him, he didn't qualify his claim with the word "most", which would have made all the difference. That's understandable, since it would have implied an admission that one or more of the allegations did indeed have merit. Sir Walter Scott had it right: "Oh what a tangled web we weave, When first we practise to deceive!"
Peter S. (Rochester)
He broke a contract, its that simple. When a contract is broken, you can take it to court for remediation. That's what civil courts do.
Elin Minkoff (Florida)
Vincent: He was only allowed to say that the matter had been settled. Instead he lied about the people to whom he made settlements. He disparaged and defamed her, in other words. O'Reilly has no cause for an action against her, but she sure has a cause for an action against him.
Peter S. (Rochester)
For Bill "Papa Bear" O'Reilly, merit starts an a cool $50 million. Anything less is just gold fish food. That's how he rolls.
Jude (Pacific Northwest)
Oh Bill, Oh Bill! Just because your other fellow fiddlers are in the spotlight doesn't your scandals have died down. You have some nerve and even w your fall from grace you still have a platform to spew your garbage, unfortunately. Looks like you still need to be knocked down several more notches, you oaf!
Technic Ally (Toronto)
I wonder if Trump has victims who could sue in similar fashion. I sure hope so.
mancuroc (rochester)
trump has been busy tweeting - or not tweeting, if you believe his lawyer - a tangled web of his own about what he knew about Michael Flynn.
Susan (Connecticut)
One of them IS suing him for defamation, the woman who had been on The Apprentice who claims he sexually harrassed her, kissed her without permission, ground his grossness into her.. and then he claimed repeatedly that all these women who accuse him are liars. It is in the court system right now, he may have to testify.
robert conger (mi)
Once the wall is torn down as Leonard Cohen said 'Everything has a crack that is how the light get's in'
Geo (Vancouver)
It may have sounded like he said it but that was him singing.
Next Conservatism (United States)
Please, Santa. Give Bill O'Reilly all the justice he deserves.
Ami (Portland, Oregon)
Good for her. You can't have it both ways. The entire point of the non disclosure agreement is that both sides are required to keep their mouths shut about whatever led to the agreement in the first place. O'Reilly is a bully and the only way to stop a bully is too stand up to them. He's going to be screwed by his own arrogance.
A Wall (Boston)
Good. Go for the jugular—perhaps, even more appropriately, the femoral. They should be scared. Use the language they’ll understand, power and $$$$, since violence is somehow NOW unacceptable (though perhaps, if one believes in god, perhaps those external gonads were just asking to be hit, dangling out in the open like that?). Anyway, keep those lawsuits coming. Make them scared. Replace them with women. Take their money and their power. Go for the femoral; the future is female!
Anthony La Macchia (New York, NY)
Good for you. You make a lot of sense, and I can see you to be a valued member of the Homo Sapiens species.
Reader In Wash, DC (Washington, DC)
Talk about greedy. Millions of dollars for having a pass made at her and Berstein wants still more money.
Larry (Oakland)
Clearly, you did not read the article. Ms. Bernstein did not receive millions previously, nor did she accuse O'Reilly for making a pass at her (or for sexual harassment). She did reach a settlement for what looks like wrongful termination. She is suing now because Fox News and O'Reilly made patently false and misleading statements about her and her previous complaints, and have therefore broken the terms of their settlement, which included nondisparagement clauses that apparently both parties were in theory held to.
Lee (California)
Maybe re-read the article: She's asking for the the same right to speak out now that the non-disclosure contract O'Reilly signed has been broken.
sakd (USA)
Hmm. Seems to me that she is probably more interested in simply having him shut up than she is in getting more money.
buck cameron (seattle)
I hope she takes him for all he owns. I would say for all he's worth but that, of course, would be nothing.
Lorie Marino (NYC)
Lift NDA's = jail time. The right thing to do. Well, stranger things than that are happening!
Dan (Gallagher)
With the endless dissembling and gaslighting practiced by the right, this is really the only way to tree them.
Al (State College)
We can no longer demand testimony from Roger Ailes, but I for one would be delighted to see Old Man Murdoch in the dock, explaining why his little nest of vipers should be allowed to continue on its merry way.
Kimberly Breeze (Firenze, Italy)
I thought there was a clause in the licensing of broadcasters about moral standards. Love to see these jerks lose theirs due to the total lack of same.
Jon (Austin)
It was important that Bernstein say, "“In fact, Mr. O’Reilly is the liar." He'll say that he wasn't, and then we're off. That he did not name her will be irrelevant to the suit since he said that there was no mistreatment and the universe of accusers is relatively small (6, the article says). The net effect is that he said that he did not mistreat Bernstein. Breach! Contract lawyers love it! O'Reilly would have said that he admits the mistreatment, and is sorry, and here's a million dollars so go away. So to turn around and deny the mistreatment is a breach of the agreement.
Dildo Shwaggins (New York)
I'm not saying any of these women have had real problems with bill but it to me it seems anytime something happens even if these men try to defend themselves they are automatically guilty and if they don't respond then they are guilty as well even bill just defending himself against these accusations has a women suing him only for money.
Andrew (Hong Kong)
There is indeed a peril of overreach, as warned by Mika on Morning Joe, but this case goes to Bill’s modus operandi, which is almost as bad as Trump’s seems to be.
Glennmr (Planet Earth)
Non-disclosure agreements seem to allow settlements to conclude, but subsequently allows criminal activity to proceed. This seem insoluble considering the nature of the law system that prevents decisions in a reasonable time frame. Wherewithal yields obstruction.
H E Pettit (Texas &amp; California)
There is a God & there is Justice. So tired of criminals making deals to hide their crimes through sealed deals & they can continue their life in crime. My prayers till the victim gets her Justice. Maybe the 13 year old girl who was raped by a real estate mogul & had threats made against her & her family to keep quiet will get Justice ,too. Are we going to continue allowing criminals to buy their way out of prison?
Barbara (Corvallis, Oregon)
I agree. Lets hope she is also finally heard. I am always so puzzled that there are men who think they have a right to the physical bodies and emotional lives of others. And, it is even more distressing when the person who is supposed to be an example of moral leadership, the President, supports someone such as Moore who has molested young girls. Trump talks a lot about national security but what about the security of the people in the United States from powerful men who would use their position to abuse those they work with or their constituents. We have to keep the pressure on them until they realize that such behavior will not be rewarded with public office.
Barb (South Carolina)
No Justice yet, H E Pettit. We still have criminals who made "deals to hide their crimes through sealed deals & they can continue their life in crime" ---and they're in the US House and Senate. And even worse, they used taxpayer dollars to pay off their victims-- then had the brass to seal the payoff list. Hopefully that seal will be ripped off very soon.
lswonder (Virginia)
The Year of the Woman. Go for the jugular. Beat this beast until it is dead and a thing of the past. Please, no let up!
George (Fox)
Dear NYT: As a former reporter in the ancient era of daily print journalism, I cannot count the times I heard an editor "storm into the newsroom" and "scream" at various male and female employees ... was this abuse directed at her because she is a woman, or because she was incompetent, unprofessional or insubordinate? Nice if The Times' would provide a bit of context, instead of assuming ipso facto that this individual settlement supports the alleged pattern of sexual harassment.
DougTerry.us (Maryland)
Dear George: You are not allowed to scream at people any more, even in newsrooms. What's more, screaming can be seen as grossly abusive if it is done by someone with great power and a high profile who, in that act, threatens the employment of the scream-ee. Newsrooms can be places of high tension and frayed emotions, but you especially can't scream at someone because they are "insubordinate". Its not the military and it is not a place of war. It is supposed to be a place where professional disagreements can be expressed and hashed out. O'Reilly was well known at Fox News as someone of uncontrollable rage. I read of one guest who was rushed out of the building because the producers were seriously concerned O'Reilly would physically attack him if he was encountered in the hallways. This story was, from what I read, only one of many. O'Reilly gave every appearance of being a man unable to control his rage and who was enabled by Fox News itself to give it expression. The good ol'days are good and gone. People in newsrooms might not be fully civilized, but they are expected to at least fake it these days.
Emonda (Los Angeles, California)
I worked in the print era, too, from larger newspapers like the Long Beach Press Telegram, to smaller papers like the Van Nuys News, to the miniscule, like the Willows Daily Journal (all in California). I never saw an editor "storm into the newsroom" and "scream" at anyone. In fact, the editors were IN the newsroom.
sayitstr8 (geneva)
they did not say it supported alleged patten of sexual harassment. read again former reporter. remember: get yr facts straight first.
Liberty Apples (Providence)
`Falklands To Sue O'Reilly; Claims Disgrace Fox Host Never Covered War There'
Andrew (Hong Kong)
I had to look this up - https://mobile.nytimes.com/2015/02/24/business/media/bill-oreilly-and-fo... and http://www.motherjones.com/politics/2015/03/bill-oreilly-falklands-video... This goes to His unreliability with th facts.
Well Deserved (CA)
Well done, Rachel! It’s about time garbage like B.O. get what’s coming to them. She kept her part of the deal they made, he didn’t. He can’t have it both ways. He can’t demand these women stay silent, and then go on the #1 “news” show at the time and protest his innocence. Ridiculous. Let him get groped right in the pocketbook.
Kurt Burris (Sacramento)
Ilove, just love, the fact that a NDA is coming back to bite the person and company that, no doubt, insisted on it.
PJW (NYC)
O'Reilly just cannot keep his mouth shut, unbelievable. Humm, now I wonder who that reminds me of, wait it is DJT. Another bloviator of epic proportions.
Majortrout (Montreal)
Even after Fox settled with the women to muzzle them, Fox and O'Reilly are still acting as if there was nothing that happened to these women. I hope this woman gets her day in court to put this "tiny man" in his place.
Norman (Kingston)
I guess the $32 million in payouts Fox made to settle O'Reilley harassment allegations over the years just wasn't enough. $32 million. It's hard to fathom that amount. In all sincerity, I wish the plaintiff(s) the best of luck.
Lawrence (Washington D.C.)
Had he kept his mouth shut it would have been enough. He had to open it, without a gun to his head in sight. It may have to come out of his pocket, not the insurers or Foxs'.
laguna greg (guess where, CA)
Actually, I can imagine that amount, quite easily. It comes to a really nice retirement, with a country house in Tuscany, a modest pied a terre in Paris Rive Gauche near the Odeon and the Luxembourg, a time share in Manhattan, and a small condo on the sand in Newport Beach CA where all the REAL shopping is. With considerable long-term holding in real estate in fly-over states and Kauai. And bullion? And 36-15-biteservice? Anytime you want? Don't even suggest that you don't know what that is. Did I mention healthcare? And meals out? And all the maid and concierge services one could dream of? Congresspeople never ever retire this well.
Comrade (Crown of the Continent)
Good! The only hope we have of stopping the abuse AND the backlash by Bildo types is to bring the hammer down on them hard. Every time one of these guys falsely denies accusations they know they're guilty of, they're fueling a backlash against all women by making us out to be liars on the take. It's a power play. By ostensibly "protecting" themselves from false accusations by informing us that they're not going to hire women anymore, not going to shake our hands, not going to be being alone with us, etc. they're threatening us, intending to remind us of the cost of speaking out - as if the price wasn't already steep enough. They want us to shut up to protect ourselves and each other. Talk about a power play! What they're really afraid of being rightly accused, prompted by ghosts from their past haunting them and fearing their sudden, unexpected return. How many women are now recalling long suppressed memories of sexual abuse or harassment? So are the perps! That's why they're becoming desperate to shut us up and attacking the credibility of all women. It's no coincidence that the effects of a backlash campaign are the same as the effects from sexual assault or harassment: subjugation and dis-empowerment of women. The backlashers may very well be the same as the perps, or at least the same type - selfish power trippers. Women, let's not let them get away with it or we ALL suffer.
Michael (Bradenton, Fl.)
These guys make tons of money in media and entertainment, most obviously cannot handle it.
Robert (Boston)
The Fox News guys, Matt Lauer, Harvey Weinstein and so many others made a lot of money and certainly could have used it, distasteful as it is, to fulfill their needs through services that cater to such men. But, they didn't go that route and purposely so; instead, they targeted women subordinate to them whom they knew were then caught in a classic trap: either submit to my unwanted advances (and keep quiet about it) or reject them and lose your job. We all know that rape is motivated by the nexus of power and rage. If you look at the motivations of these men in subjugating their lower-echelon co-workers, it was rape no matter the legal definition. These are dangerous men, men who have serially abused women - and they will do it again, especially when settlements allow them off the hook or some DA's look the other way. I'd submit that any of them who has children under 18 ought to be reviewed by the state agency responsible for child welfare, as they are likely to re-offend.
vulcanalex (Tennessee)
So perhaps in a real court we will find the truth?
AdrianB (Mississippi)
Fox network will not let the truth come out....and out of court settlement will be on the cards.
BKNY (NYC)
O'Reilly could easily lock-up the Republican nomination for NYS Governor. He embodies the moral compass of the party.
Jim (Binghamton)
Sort of how Bill and Hillary embody the moral compass of their party?
laguna greg (guess where, CA)
He's not even in that class.
Sam (Shangri-La)
Her lawyers should be disbarred if they suggested her to sign the deal despite their reservations about the non disclosure part.
mtrav (AP)
People are forced by corporations in all suits, you must sign or there is no agreement.
Deep South (Southern US)
Although she is probably 100% legally correct, she won't collect a dime. Fox won't pay (because O'Reilly isn't there any more). And O'reilly is going to fight this. Bernstein may have justice on her side, but this probably isn't a winning lawsuit.
Noah Brownlow (Berkeley)
The point isn’t to collect money, by filing her suit she makes the facts public without violating her NDA. Even if the suit is dismissed she has shown his statements to be false.
Lee Harrison (Albany / Kew Gardens)
She may well collect. If she can get this before a jury ... I'd say her odds are very good. The other issue here is discovery -- if she can sustain the case through discovery then she can ask Billy-O questions under oath -- that leads down the another Bill's path. I really don't think think he wants to go there ... among them because this discovery can ask about everything he has settled, out it all.
laguna greg (guess where, CA)
...which ultimately is the end of him, and his total undoing. It will be worse than what happens to Kevin Spacey.
Sean (Victoria, BC, Canada)
By Godfrey, I admire Ms Bernstein. Let the law be the law for all!
chickenlover (Massachusetts)
I can only hope that she takes Mr. O'reilly to the cleaners and gets more than the $32 million someone else got. It is high time to teach these powerful men that people, especially women, who work for them are not their personal property. And the best way to teach them this lesson would be to make them paupers, which is even better than sending them to jail where they will be living and eating off of our public monies.
sandra (Cleveland)
Oh really? perhaps if this happened to YOUR daughter you would see things differently. The real problem with Florida is the large amount of free time by retirees eave them to listen to Rush Limbaugh and other hateful right wing kooks. I know my Dad succumbed to this after he retired to Naples. Became a man I did not know.
Richard (San Mateo)
Tom G: What on earth is that supposed to mean? You seem to be suggesting that it was nothing more than work related criticism. But you know very little about what went on between these two people, if anything at all. Or do you know something more?
lansford (Toronto, Canada)
What about trump?. All NDA should be declared an attempt to subvert the law.
amir burstein (san luis obispo, ca)
what about trump ?! remember the little boy announcing : " the king is naked "? well, Robert Mueller and his team have been entrusted in finally coming up with all the proof that that boy ( from " the king's new cloths") told what was in plain sight from the first moment trump became a candidate. ( let alone after he moved into the WH). by contrast however, dianne feinstein, the CA senator, has FINALLY announced she could " see reasons for initiating impeachment proceedings ". what is it about politicians that they dont see what's in plain sight ?! and we're being told the remedey for that is in the voting booth. NOT SO. the " newly elected official" we may vote for would act just the same. its just like those men who've been ( finally !) exposed for harrassing ( sexually and otherwise) women. they're culturally - morally - ethically bunkrupt. and they're byproducts of our culture.
Jane Hare (Phoenix)
I support all women who are speaking out against the men at Fox and elsewhere. The arrogance displayed by O'Reilly is typical of men in power who make it intolerable for a woman to seek justice. Stop the non disclosure agreements by these men and expose them for what they are.
DT (New York City)
It states in the article: “Her allegations did not include sexual harassment.” So what exactly happened? All it states was that he yelled at her.
No Sale (CA)
INCORRECT! I don’t know what you’re using quotation marks for, because I just re-read the article and that sentence doesn’t appear anywhere. It says she was not the source of NYT’s earlier articles about O’Reilly, and mentions an incident where he shouted at her. It does NOT say there was nothing else that happened. Looks like you’re trying to minimize her claims. Sell that junk elsewhere.
Mac (chicago, IL)
Unfortunately, too many don't read, or, their brain ignores contradicts their prejudices. If "No Sale" were to look in the second paragraph of the articles, the second sentence is" (Her allegations did not include sexual harassment.)" just as DT's comment states.
DT (New York City)
Read it again: “The woman, Rachel Witlieb Bernstein, is one of six known to have reached settlements after making accusations against Mr. O’Reilly. (Her allegations did not include sexual harassment.) None of the others have said anything publicly about their claims, which involved sexual harassment.”
robert grant (chapel hill)
If the non-disclosure says you can't talk; you can't talk. I hope she takes him to the cleaners. Multiple times.
Robert Roth (NYC)
The soul(less) brothers O'Reilly, Moore and Trump seem to be getting increasingly emboldened. Still all the Tic Tacs in the world won't be of any help.
Nancy Parker (Englewood, FL)
Hurrah for her, and her lawyers. A settlement is just that - both sides agree to abide by it - or it is null and void. O'Reilly can't have both ways - pay millions in hush money ad then refuse to hush himself. If you can speak, they can - loud and clear. And the courts better protect you from him on this. You go girl. We're with you and behind you and have your back.
lftash (NY)
Can Fox News still be known as a creditable news organization? They should change "lanes" and work for the GOP. Is the party still grand?
DR (New England)
They were never a creditable news organization.
Anonymous 2 (Missouri)
"Grand?" I thought GOP stood for Greedy Old Perverts."
BBB (Australia)
The advertisers kept the abuse going by enabling Fox to silence the women and make the payouts. What motivates advertisers to support Fox and does it conflict with their “company values” ?
Jim Dennis (Houston, Texas)
What is really needed is that all harassment charges should also be considered as criminal. Right now, they settle, sign a NDA and go on harassing. Let them look at some time in jail and see how that impacts their behavior. The same holds true for other white collar crimes. Why are there not a thousand bankers still in jail after the mortgage meltdown? The actual number: zero.
Chef Geoff (Hawaii)
Once a loudmouth bully, always a loud mouthed (and dumb) bully? What a disappointment O'reilly represents for the Irish immigrant, Catholic church and Men! Rather than use his pulpit to move America forward, he daily advanced intolerance, mistrust; and in silence stalked, as sex predators do, the vulnerable, trusting colleagues in his orbit. Many of us in the USA use our Constitution and our personal religious rules (i.e. laws, commandments,etc...) along with parents and friends advice to guide us through young adulthood to adult maturity. Did Bill? Has Oreilly lately refreshed his memory on these documents by reading the words slowly with comprehension. Has Trump? Moore? Are these men symbolic of all American Males? I think what O'reilly, Roy Moore & Pres. Dtrump have in common are abuses they received as children and never resolved. All three act as if "naughty boys" are to be accepted, understood, wink, wink and nod. Is their behavior good? should it be condoned? Is this a question for the world to now answer? Yes? No? How many people across the USA, or for that matter, the world, can share about the " TRUMP MASHER, MOORE CHILD CHASER, and OREILLY SLEEZER" currently or in their past orbit? I welcome the men and women of the USA to lead the world on honest fair treatment.
bob price (Phoenix)
Hawaii, go figure. Believe everything you hear, and if it is against republicans, twice on Sundays. All this suit says to me is she got yelled at by oreilly's at work, had to immediately run to her safe space after getting her latte and after she called her poor shook up nerves, called her lawyer to cash in. Now she heard someone got 32 mil, she didn't get squat, so she now wants a chunk of that 32 mil. Called jackpot justice. It is rampant these days. The article stated she never claimed sexual harassment. She obviously doesn't like being told she ain't doing her job right.
amir burstein (san luis obispo, ca)
exccelent point ! maybe the likes of david brooks ( or Bruni, or blow) would pick up on some of these points and write a thorough, well - researched piece to enlighten us all. and hopefully, just hopefully, may grease the wheels of cultural civility in the US in moving forward. amen.
Kate M (Los Angeles)
Hold your horses! We don't know of the specifics of her case because of the non-disclosure agreement. Maybe he punched her. Maybe he harassed her in other non-sexual ways. I don't know. Neither do you. The reason the NYT gives that specific example is because it was witnessed by others and they reported it to the Times.
F S (Florida )
Sue him where it hurts the most, his bank account
Alice In Wonderland (Mill Valley California)
Wow! Congratulations to these women for hiring excellent lawyers who are willing to turn the tables on Fox and O’Reilly on these miserable confidentiality clauses which have enabled a culture of sexual predation. Let’s see if Fox accepts the challenge to release women from these gag orders which serve no legitimate public policy.
Ron (NJ)
You'd think that Bill would just take his millions and find opportunities elsewhere? Hubris is definitely a deadly sin Mr O' Reilly, let it all go and you can ride off into the sunset a very wealthy and hopefully happy man. and too all these opinions conflating Trump and Moore with Bill O is foolish. Why not add Franken, Weinstein, Lauer Conyers, etc.? Why Not? because it's more about tribalism, than it is about the behavior.
Paul (Bellerose Terrace)
Ron, the critical difference, which you missed, is that at least Lauer, Franken, and a bunch are f others have at least apologized for their behaviors. Moore, Trump and O’Reilly are still risibly clinging to a claim of innocence. O’Reilly’s claim of innocence willfully violated his side of an NDA, which is why there is an article here, bub.
Chris Carmichael (Alabama)
Why do we even allow secret settlements? For the most part they only serve to allow the creation of new victims.
shar persen (brookline)
What about the family of Dr. Tiller? After all, O'Reilly's provocative taunts encouraged a deranged person to shoot the doctor. Sounds as if O'Reilly is an accessory.
Talbot (New York)
She got a payout because he screamed at her? It would be doing Ms Bernstein a big favor to know what else he did. Because, who is going to hire someone who files a lawsuit for getting screamed at?
A2CJS (Norfolk, VA)
Where in the article does it say the only thing he did was scream at her? You do not know what the allegations were because they are not public. We only know they were not sexual in nature. Who is going to hire someone who reaches conclusions based upon foolish assumptions?
Mary (Uptown)
After a suit against a big Monster like this: Who needs to work? I wish her and her lawyers a Yuge Payout!
Talbot (New York)
I'm not assuming anything. I'm repeating what is in this story. Ms Bernstein said she'd suffered loss of employment and reputation because of it. I'm advocating for her to be able to describe what really did happen.
Vanessa Hall (Millersburg, MO)
Now we need's Trump's accusers to speak out, loudly and clearly.
Pundette (Flyoverland)
They already have! Where is the media?
Lee Harrison (Albany / Kew Gardens)
Watching O'Reilly lie and squirm is amusing, but entirely modus operandi for these groping abusers. Bill can go off to whatever down-market "news" and commentary outlet has viewers that want his act ... maybe a Tijuana donkey show? It's Trump who's the spectacle ... and we are waiting for the Summer Zervos suit. She'll get discovery ... and folks, what do you think she'll discover? She has the right to know about any of Trump'r prior settlements ... doncha think that might be interesting?
Rob (Pittsburgh)
How can O'Reilly protect his children (from watching him drag their mother down the steps by the neck) if he keeps getting harrassed by these pesky women?
Pinky Lee (NJ)
"He stormed into the newsroom and screamed at Ms Berstein"......surely there must be more to her original complaint.
Richard Kuntz (Evanston IL)
Only in the tenth paragraph do we learn that there was no allegation of sexual harassment.
TMK (New York, NY)
I read the lawsuit, very meaty. O’Reilly clearly believed he was in the clear as long as his disparaging references to the other side weren’t pointed. Fox viewed it the same way, looked the other way. Talk about dumb and dumber. Not gonna hold water, fellas. Settle. Then shut the *redacted* up. Bah.
New Yorker (New York )
Fox staff who covered up for O'Reilly for years should be fired. Someone at Fox News please tell us all if you have an HR Dept?
Deborah Glassman (Washington DC)
Given that this flows from the top, nothing will change until the donors/owners/funders change. Alas.
John B Wood (New York City)
Really, what is wrong with these corporate folks and understanding of ethical and truthful responsibility and stewardship of the free press? I guess if they originally picked their corporate name to reflect the perception of the sly and craftiness of the red tailed Fox, then they really are living up to their name!!!!!
Paul Shindler (NH)
Another Fox news blowhard taking some heat? Love it. He is one of the architects of the "dumbing down of America" campaign by Fox news that was so successful, they got Trump elected.
Dawn Sokol (New Orleans)
He deserves to be sued and stripped of the the payout FOX gave him after covering his misbehavior for who know how long. By not keeping his mouth shut he not only isn't going to spare his children but due to the level of media's attention they will not be able to hold their heads high for a long time because they will know for certain what a disgrace of a human being they have for a father.
Nate Lunceford (Seattle)
Bill O'Reilly has a long history of being a bully and a liar. And every time he's been called on it, he claims he's the target of witch-hunt. There's a reason that his own children don't want to live with him. Sadly, millions of Americans spent years looking to him--and angry loudmouths like him-- for moral and political guidance. O'Reilly, Limbaugh, Hannity, etc.--they've all contributed to the national anti-liberal delusion we're living with now.
Richard (Mexico)
What’s wrong with these men?
BBB (Australia)
Why are these men rewarded in our culture?
toom (somewhere)
Trump accused the women who complained about him of lying. They need to sue Trump also. Go for it!
ron (NH)
Pleas include the women who came out against Bill Clinton. Don't be a hypocrite
Lennerd (Seattle)
Trump accusing *anyone* of lying is the very pinnacle, the Mt. Everest, of irony.
Kate M (Los Angeles)
Sure, let them sue Bill Clinton. Now can we focus on the disaster in the White House?
Marian (Maryland)
Rachel Witlieb Bernstein is now my new hero. God Speed to her and her legal team.
Jeff M (Middletown NJ)
If they have no merit, why did he settle?
Richard Schumacher (The Benighted States of America)
To spare the Nation the agony of his trial.
Bruce Egert (Hackensack NJ)
Is there no end to the lying and mendacity in the world of right wing media and politics?
NR (New York)
Bill O'Reilly's arrogance and need to humiliate women caught up with him, as did the aiding and abetting of his behavior by Fox News. And yet the spin and the fake news continues, as they sink into a quicksand of their own making.
Tony (Seattle )
O'Reilly, Trump and Moore should hit the campaign trail together. After all December 12 is close at hand and every predator vote will count.
Philip (South Orange)
I guess he can afford to pay even more than the previous $32 million settlement. I still wonder what he did to warrant such a penalty, considering the other recent allegations and falls from grace in the news world.
Pcs (New York)
This is how all big companies operate -same thing happened to me. Good luck reporting to HR - their job is to eliminate the person making the complaint.
pjc (Cleveland)
I am still baffled that our legal system permits contracts (a NDA) where one promises to not report a crime.
What Happened? (Right Here)
The NDA is not enforceable to the extent it could be read to prevent the reporting to the authorities of a crime. Your assumption is not correct.
Rachel Kreier (Port Jefferson, NY)
Me too -- NDA's about illegal behavior of any sort should be illegal, full stop.
pjc (Cleveland)
So you are saying, I could be raped by person X, reach a NDA settlement, and then report to the police that I have been raped? Yes, I am sure that is why these NDA settlements are so popular. They basically are payouts for retaining the right to report a crime. /boggle
Rob (Pittsburgh)
Bill doesn't need this right now. Bravely fighting the war on Christmas!
Stuart (New York, NY)
Maybe we need Ms. Bernstein running the Democratic party. She seems to know how to seize the moment!
Jonathan Katz (St. Louis)
What did he say (or is alleged to have said) about her? This must be in her complaint. It's not in the article. These statements are the issue in dispute. A competent reporter would have described them so the reader would know what this is about.
neal (westmont)
No it's in the article. The crux is that by saying she was not credible, he breached the contract and defamed her. If she was not the source of the article it's a shrewd strategy.
Andrew (Nyc)
He went on TV and claimed none of the settlements had merit, which is against the terns of the settlement. It’s all there in the article. As per the settlement ‘the matter has been settled’ is the only comment both are allowed to make when asked about the issue, so he is in violation.
Jim (PA)
“O’Reilly portrayed himself as a ‘target’ and claimed that complaints against him are extortionate,” Ms. Bernstein’s lawsuit said. Ms. Bernstein said Fox News had made a “deliberately misleading” statement by stating that no current or former Fox News employee ever used a hotline to report complaints about Mr. O’Reilly.
BTO (Somerset, MA)
Since he violated the agreement, I hope that when this case goes to court that every sordid detail comes out about what O'Reilly did as I'm sure he did it to others and I hope that this woman gets multimillions.
T Montoya (ABQ)
Of all the recent sex scandals, the person that has done the most to deny his actions is the one that built a career complaining that too many people in society no longer take responsibility for the actions. Sad.
Richard Kuntz (Evanston IL)
Read the article-- there was no allegation of sexual harassment.
T Montoya (ABQ)
In this incident. There definitely were in the others. Particularly the one that he paid $32 million to keep out of the public.
ANetliner NetLiner (Washington, DC Metro Area)
Good for Ms. Bernstein. I hope that she is successful in her suit.
John L (Manhattan)
Sweet, sweet schadenfreude as the serial arrogant bully O'Reilly is the subject of a story he can no longer manipulate and control at the expense of others. I hope he rots in hell.
Dave (Springfield, VA)
I have never personally litigated a NDA, but as an attorney this strikes me as at least a colorable theory of liability. O’Reilly may have bought himself some trouble, since the underlying allegations are more likely to be disclosed if this goes to trial. And why would the plaintiff settle (again)? She wants justice, not money.
crowdancer (South of Six Mile Road)
Who picks the colors in a colorable theory of liability? Are samples provided?
A2CJS (Norfolk, VA)
I always fought to keep non-disparagement provisions out of settlement agreements. Disparagement can be hard to define and can offer too much opportunity for an employer to later harass the settling employee. They were often kept out, but employers would never bend on the NDA's.
laguna greg (guess where, CA)
She may well get both!
Paul-A (St. Lawrence, NY)
"Confidentiality claims" should never include a clause which prevents the victim from ever stating that they made a claim against the alleged harasser! That's precisely what allows harassers to continue to get away with their behaviors, and has perpetuated the shroud of silence about these issues. When a harassment complaint (or other employment complaint) is settled (usually with a monetary payoff), the settlement agreement should only include a "non-disclosure agreement" that the amount of the payment (and other conditions of the settlement) not be disclosed. this still affords the victim to state that he/she had a complaint against the harasser (or employer), and that their disagreement "has been settled to the mutual satisfaction of both parties." This type of nondisclosure agreement doesn't state that the alleged perpetrator admits guilt; but it still provides the victim the "justice" of acknowledgement that the allegations existed. Whether or not people outside of the disagreement conclude guilt or not is simply a matter of "the court of public opinion." Victims (and their lawyers) should start holding their ground, and NOT accept settlements that silence the victim with confidentiality clauses. They have the leverage once the harasser/employer offers a settlement; use the leverage! By creating a new "standard practice" of nondisclosure clauses instead of confidentiality clauses, we will lift the cloud of secrecy that perpetuates the culture of harassment.
qui legit (Brooklyn, NY)
Poor Bill, he's been spewing lies for decades on his show, and smearing people who challenged his lies as anti-American, "liberals," "on the side of the terrorists," etc. But because his show was not "news" but "opinion," by FOX logic he was permitted to lie. So he's very much accustomed to smearing and lying with impunity. Now he's caught in a real-world situation in which his smearing of and lying about Bernstein violated his and her agreement, and she's coming forward. Good work, Bill. Keep shooting off your mouth smearing people and lying about them. You are so vulgar and repulsive a person that you don't even know you are doing this. And so you have become your own worst enemy. I love it. Go, Rachel, go!
BostonGail (Boston)
Take note. This will be unfolding for #45 in the upcoming months....
Atikin (North Carolina Yankee)
To top it off, in a recent TV interview, he was sniveling and actually blamed God (!!!!) for his troubles. Is this what it means to be the "religious right" ??
Mr. Fedorable (Milwaukee)
"Killing Bill O'Reilly" should be his next book. He did it to himself.
Nancy Rockford (Chicago)
Excellent. High time women figured out how to turn around these abominable gag orders. Hope she makes millions off Billo.
JY (IL)
His payout was several tens of millions. Meanwhile, this case could set the precedent that allows predators to prevent victims from speaking up under similar contracts. I think it is better to hold the employers accountable so that they will screen their hires properly (all the accused were repeat offenders).
Southern Boy (The Volunteer State)
I am and will always be a supporter of Bill O'Reilly, too bad his show is off the air, it was the only news show that provided honest journalism.
SW (Boston)
This is fine, of course you can have this opinion based on what has come out. But the part about “always will” startled me. Is there really nothing that you could learn about this man, in the future, which would cause you to not endorse him?
Richard (SoCal)
Honest? He spewed so called "fake news", and you obviously bought it. There is/was nothing honest about this person. He should keep his very biased opinions to himself.
Jake Jones (Los Angeles)
Have you looked up the word "honest" recently?
Realist (Santa Monica, Ca)
"May the force be with them."
Robert Haar (New York)
OReilly doesn't know when to let certain things go. His narcissistic, bullying personality has gotten the best of him one more time. He has plenty of money, not under a criminal wrongdoing cloud,so he figures he can say anything he wants. Reminds me of another larger than life New York personality....the current occupier of the White House.
Marci (Westchester )
reminds me of many entitled, white men who don't take no for an answer, and push and push until they get their way, even when it is in no one's best interest, not even theirs, but they have to win. i don't know enough about these "high-profile" men, but I feel it's time their parents stepped up and publicly shame them for their behavior.
Tom (New Mexico)
Except Bill wants to be remembered as a credible journalist - he said as much during a 60 Minutes interview with Mike Wallace. What a fall from grace for this guy - he goes from being able to get exclusive interviews with Obama and Trump to forever being remembered along with Ailes as the first big shots to fall during a monumental cultural shift in the public perception of how women are treated in our society. He was plotting his comeback until Weinstein happened, and then Charlie Rose, and then Matt Lauer... His left wing bias spiel has lost its pizzazz! Hard to see a comeback in the cards for you Bill.
Jake Barnes (Wisconsin)
Marci: There's no question that O'Reilly is a first-class creep (and that's understatement), but how does that give you a license to make a sweeping and absurdly gratuitous (to say nothing of racist and sexist) attack at "white men" in general?
John Byrne (Albany, Oregon)
WHOW! To use a non-disclosure agreement against an employer is great idea. Perhaps it will make them think twice about sweeping these issues under the legal rug. Without seeing the actual agreement one cannot be definite but O'Reilly's statements characterizing the claimant surely seem to grossly violate the agreement. Loose lips may no longer sink ships but they are still a hazard.
A Reader (Huntsville)
Looks as if O'Reilly is in for some more problems. It does seem that he is getting what he deserved.
Romy (NY, NY)
Yes, sue this man if he is in violation of your agreement. Every court case put this on record.
njglea (Seattle)
You Go, Girl! Sue him for everything he's got, including book royalties. But, please, make sure the lawyers don't get rich off this. Limit them to 1% of the sum and use the rest to start a fund to help educate women about how to stand up to power.
Runner (New Jersey)
Without lawyers people like O'Reilly and Fox aren't held accountable. In fact, O'Reilly sued the lawyer for one of his first accusers and that lawyer had to defend himself against that lawsuit. They earn every penny they make and they deserve a fair fee.
Carson Drew (River Heights)
Those lawyers will earn their 30 percent. Without them, there would be no recourse for victims like this woman. They are heroes.
AM (Stamford, CT)
@niglea - the lawyers deserve to make much more than 1%. They will be doing a great deal of work. No reason that both ends can't be met.