EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. FOX NEWS NETWORK, LLC

Filing 5

ERRATA by FOX NEWS NETWORK, LLC 4 MOTION to Dismiss for Failure to State a Claim or, Alternatively, for Summary Judgment with Memo in Support MOTION for Summary Judgment filed by FOX NEWS NETWORK, LLC. (Attachments: # 1 Corrected Exhibit B, # 2 Corrected Exhibit G, # 3 Corrected Exhibit K, # 4 (sealed) Consent Motion to Seal)(Morris, Frank) Modified on 11/9/2010 (rdj).

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. FOX NEWS NETWORK, LLC

Doc. 5 Att. 2

CORRECTED EXHIBIT G TO AFFIDAVIT OF DIANNE BRANDI, ESQ.

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thcrp is a corporate culture of disqlinination and rittuli*iqm. ¿ränt EEOC websitç indicates, Fox News Clhannel hsÍ been ordered by ø Federøi Coori¿urr[it'tn 2.a06 " from ey?aËlng In sex dísuÍmínution, sexuøl hsrassmcnt, or'retølla.tloa" Desplte thís deoree, such discrimi¡ratio¡r and rstaliation oontinues. Upon, information and belie{, Diarure Brandi, Fox News Channel's Senior Vice"Prcsident Legat Affairs, personally signed tho oonseut on bchalf of Fox News Channel to this Cowt decree. In this complaint, youwill see that Brandi was one of thc individuals who actively took part in the dísod¡nínation, harassment and ¡ctaliatlon against me. Fox News Channel discriminated against, and hamssed, me on the basis of my age and gonder. When I complained of this diecrimination, pursuant to Fox's own polloies and ptocedurðs, Fox refused to conduot a prompt investigation, Instead, because I continued to raise the iesue of disuimínation and harassnrent, Fox Newe channel retaliated against me.
1) Aqe and Gender Discrlmination

At Fox News Channel,

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Before Octobet 18th, 2007, I was the anchor on Fox News' Saturday progfam "Weçkend Live" between noon a¡rd 2:Û0 p.m. I hgld this position undçr a letter agrãement signed by Dianne Brandi.

On Oqtober 18th, ZOOZ BÍll Shinq Senior Vise President for Programmiug, at Fox News Chamel told me hc would be taking rny show off the air for one welkend, ön Novenber 2, 2007r Shline lnformed me that I wo-utd'be rpmr¡vçd from üre air on a permanent baris, Shine
olalmed úo remove me bec¿uss the Fox News Channel was moving to "more light news and more entertainrnent news.'t I soon learnçd that "light newe aud entBrt¿inment" applied only to me, a white female over 40, and not the rrgular m¿r,le anchors, rogardless of tlleir age, or female anohors under 40.

Shortly sûer I was rtmoved from the air so that Fox could move towa¡ds "light news errd entr'rt¿i¡ment," thË lileekcnd LivE show returned to the air with Brian Wilso4 mãle, as anchor with s hard news rnd politic* fonnat. This demonstrafes that the reæon Bilt ShÍne offered for the adverse job action agaínst mq removing me from'my position æ auchor, wæ pretext for disoriminatlon. In the læt l8 mquths,I bçliçve Fox has made an cffort to *movç out" êmployees ovçr 40, I believe the action against mc is pa.rt of this pattem,
I was removed as a regular anchor, Fox suggested lt was a business deolsion. The Nielsen ratings data cloes not bear this out. In fact, n:y irnmediate repiacement, lilashington DC Bu¡E¿u Chief Brian Wilson (rvhite n¡ale over 40 and nry immediateìupervisor), saw drop ln the ^îSW demographic, The demographíc refrlects the ¡rurnber of vieweri between the ages of 25 and j4.
'When

It is vital in setting advertising rates. A drop in the demographic
a drop in advertfeing revenue.

rneans a

TV network can eqiect

Aftet \tr/ilson's poor performance, he was roplaced by Corospondcut Shannen Breatn, a whiæ female under 40 with less national reporting and anchoring. exporienoe than L Bream had an çvcn lowcr Niclsen demographio rating. Neither of my less qualified replacements did "light
news and entertainment."

Despite this business data, Fox did not rtstore me !o my anohoring position. deoision was an act of disc¡imination and retaliation,

I

believe Fox's

Moreover, I routinely produce at least 30% of the reports from the Fox Washingfon DC bureau. On a regulæ basis, I anr at lçast 400% more productive than my nea.r peers and I have a master's degree ln Journallsm from Colurnbia Universlty. Presented with thts datso Fox has refi¡sed to equltably compensate me relative ûo my lower producing peersr kr addítion, Fox has told me that they will not consider me for promotion in the futue. However, ny lolver producing peers (white males) are promoted to high profile reportlng beats which arc, historically, sæpping súones to sevçn figure salarles, No matter how had I work, I cannot advance professíonally. This, by definitlon, puts a glass ceiling over my head,

2) FallqEç to lnye¡tlffife_mv comnlaint

I mado a formal complaint of disorimination and harassment, in Decembçr 2007, in aocordance with conpany polic¡ to Foxrs Senior Víoe President legal affairs, Dia¡ne Bundl. I later provided Brandi witlt all of my documents and I identified about a half dozen witnesses to
support my olaim, Virtualiy all of the documents werc ignorcd. To.my knowledge none of the witnesses were interviewed,

More seriously, when Fox finally got around to conducting an alleged investigation (even though nonc of thç witncsses were intcrviewcd aud my documents wete not cotsidered), tþ t'Fox investigatiot" was conducted by Brandi herself, whr was orrs of thc indivldu¡ts I idcntified as having disoriminated against and harassed mE. Her aotions amounted to a self*investigation. At a meeting in March beforç she completed her report, Brandi told me tlat whateve'r I said -- her report would be u¡favorable tq.me -- anothcr indícatíon of her blas.

Brandi and Fox News' failure to properly investigate my claims of discrimination and h*assrnent caused mq t0 endure continuçd disÇTimhation and haræsment based upon my age
and gender. 3) Retallatlon

Fox's senior manaþrs proceeded to retaliate agairrst ne for making a formal complaint of discriminatlon and ha¡?ssment. My jsb as well ss my heaith insurancc were theatened on several occasions by Fox's lVæhington DC bureau Chief Brian 'üilson, by Bill Shine, Sçnior

Vice President Prograrnming, and by Dianne Brandi, Brandi told my agent that Shine had said to her he ttu¡ks "she fCathetine] doesn't want to workhere anymote.''

Braadi told. my agent, that Wilson had såid to her, that producing and Ít rnaþe thue for her fÇatherine] to go."

I

was "disgruutled, dÍsruptive, not

Following my complaint, there was also an cffort to marginalize and isolate me, I was ordered by Shíne and Brandi to no longer speak with our Chdrman and CEO Roger Alles about my cornptaint - even ttrough FoxtJ own policies and procedures allow me to contact índividuals highãr in the chain if I am dissatisfieã with Brandi and Shrine's reeponse to m¡ complaints, wnion I was, After my oomplaint, my calls to Aíles wçrË no longer rctu¡ncd, This was significant bçcause I wæ puiuonaily irired by Atles t2 years ago, In addition, reportìng as"signments wittrin *y atea of expértise were tflken away from ma alrd given to other less
experienoed cottespond ents.

Brandi said that if I didnt líke how ttrings were goíng I wæ ûee "to sue or go to the EEOC," This wæ clearly a threat and an çffort to shut dovm a legjtlrnate complaint'
intemally, but at every.turp, Fox Senior Menagers have thrtatened to fire me, to negotiatè me out of my contac! or to dock my pay.

I havc attempted to resolve this complaínt

I

agrced to my contractual salæy on the bæis that I would be a rcportet four days a week, and *oîo, for one day. It is well understood Ín the lndustry that repqrtir_rg is more work than anchoring. However, when I was removed as an anchor, Í was required to rcpo_rt five days a week wiúout additional componsation. In fact, Fsx told me that Íf I fatled Ûo work as a reporter frve days a week they wouldiock mc one doy's pay per week, I believe this ís anothcr example of iuequitable compénsatron, Furthermore, Fox'l removal 9f my anchor posítion amounts to a demotiou ín that f am no longer serving in that posiflon and now am required t9 wgrk more for d"-ot'íon atso'makes lt harder to find work in the firture by the sailie amount of pav.

rîi*

reducing my matketabílþ to other news networks.

My contraot requires Fox News to renegotiate wlth üe fbr a new con{¡rÊt with tcrms at leæt as favorable as mi cu¡rent çoqtra,ot. Contaptually, such negotiations were to begin on IuLy 22, 200g. Fox failéd to meer its own deadline an¿ ¿id not çommenoe ncgotiations until'Wedneaday, Àrgort 6, 2008, Moreover, Fox is in sleæ brea,ch of tbat contact beoauee the tcrms are being I oniurEUoiraUty not as favoruble as my currçnt oontraot. In the new conüaot offçr, am rcqüi¡e¿ to eisentially waive ny discrininatiou complaints and waive my riBht to flrture t.iig a;*o,ø'Uy no longer !ti"e o{fiî* to serve ss an ançhor/co-artchor, prärotiont, i also inserted "" and despite my producti*vþ, Fox is içfuuing to offer èquttabte compensation. -.Föx and an arbiúation-ciausr, ilïr these adversJ aaüons aré t¡r*,r" evidence of discrimin¿tion
retaliatiou.
4) Fox'¡ Pattern of Dlscrlmination ancl I{arasrment
an orr-going pattern of discrimination whic'h affects protected the minoritíes in tn* no* Washington DC bwe¿u. Ás one examplë*rMay-2006; Fox announced

I beiieve my exporience is part of

plornotion of five white male DC-based conespondents. All of the protected minorities jn the bureat¡, íncluding a blac'k mal.e with seniority at the White House as well as all of the wornen, B rniliW veteran and a gay nale, rvere passed ovet for pronotion. None of these positions were posted internally. whctr I questioned therr DC Bureau Chisf Kim Hur¡re about why I was not ptomoted, she s¿id I was never considered for the positions which inoludcd the Senior White F9*t Coüespondent, the Pentagon Conespondent and the Congressional Conespondent. Thçsc jobs are stepping stones tc further prcmotion, Kirn Hume nevcr investigated this óornplaint. As arrother exanple, in Novcmber 2006, I questioned our actlng bureau chief Bruce Becker why the less desirablc shifts, such as tho early, iate and weekend shifts, were routlnely given to tträ female couespondonts, ari well as a black rnale couespondcnt. Thc more desirabloihifts, such æ reporting for Fox's evening newsoastsr were done by the whitc male conespond.euts in the bureau. These more deslrable shifrs lead to hlgher profile æsigrunents and prornotion.

On the basis of what I have outlined abqve, I request that thc EEOC investigate my complaint to ensure that Fox Nervs Chaffiel is in complianoe wlth employment law,

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