A federal judge has sensationally thrown out a sexual assault lawsuit brought against Fox News related to allegations made against former anchor Ed Henry.
Accuser Jennifer Eckhart, a former producer at Fox News, brought her lawsuit against the network in 2020, claiming it failed to take any action after Henry allegedly raped her.
Eckhart also claimed that she was fired from Fox News in retaliation for her complaints about the alleged attack, and accused Henry of sharing explicit ‘revenge porn’ images of her.
But in a ruling this week, Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York ruled in favor of Fox News as she decided the network did not act improperly.
‘There is no direct evidence that Fox News was aware of Henry’s alleged harassment of Eckhart before (her firing) occurred,’ Abrams said in a summary first reported by The Wrap.
Fox News previously argued that when they fired Eckhart, it was not out of retaliation because she did not come forward with her claims against Henry until after she had been terminated.
The network insisted it had ‘legitimate, non-pretextual reasons for terminating her.’
Eckhart maintained that although the court found Fox News was not at fault, she is intent on continuing her allegations against Henry and ‘looks forward to holding (Henry) accountable before a jury’, with the trial set to begin May 12.
In a statement praising the throwing out of the lawsuit this week, Fox News said it was ‘pleased with the court’s decision which speaks for itself.’
‘Upon learning of Jennifer Eckhart’s allegations in 2020, Fox News promptly conducted an investigation by an outside independent law firm and terminated Ed Henry within six days,’ the statement continued.
‘Discovery in this matter confirmed that Fox News was not aware of their relationship or of Ms. Eckhart’s allegations until after she left the company. The only people who know what happened between Mr. Henry and Ms. Eckhart are the two of them.’
Attorneys for Eckhart said in response to the ruling that she is intent on bringing her allegations before a jury, and intends to ‘appeal the decision as it relates to Fox News at the appropriate time.’
Eckhart accused Henry of handcuffing, beating and raping her. Henry has denied allegations that he sexually assaulted Eckhart and insisted that they had a consensual relationship.
Henry claimed they were in a kinky affair, DailyMail.com previously revealed the two were engaging in raunchy exchanges.
In her own statement, Eckhart added: ‘While I am grateful that the court has recognized the need for a jury to hear my claims against my rapist Ed Henry, this fight is bigger than me.’
She said her decision to appeal is ‘about changing a corporate culture that continues to enable abuse, fear, intimidation and silence.
‘No corporation should be allowed to protect predators while punishing survivors who dared to speak up.’
Henry denied Eckhart’s allegations, and said the claims that he shared ‘revenge porn’ were not supported as many of the images were not of Eckhart and should not be considered pornography, per The Wrap.
A judge has dismissed the revenge porn claim against Henry, but has allowed claims of assault, battery, sex trafficking and harassment to stand.
The trial against Henry is set to begin on May 12.
Eckhart was an associate producer at Fox News, however her termination came as a result of ‘substantial performance deficiencies’, the network claimed.
The network said she was fired after being put on a ‘performance improvement plan’, and her eventual dismissal came before she ever made complaints of her interactions with Henry.
Eckhart’s attorneys argued that ‘the record is replete with disputes about whether Ms. Eckhart’s performance was, in fact, poor.’
She was fired in June 2020, two weeks before she made allegations against Henry through an attorney, claiming his ‘improper conduct’ began around 2014 and culminated in the alleged rape in February 2017.
Henry was subsequently fired after Eckhart came forward with her allegations, and Fox News announced his departure ‘based on investigative findings’ about his alleged ‘willful sexual misconduct.’
In 2022, the same judge that ruled in favor of Fox News this week dismissed a defamation lawsuit Henry brought against the network, claiming the statement from the company was made ‘publicly’ to ‘humiliate him in the process.’
