UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

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Plaintiff,

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v.

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FOX NEWS NETWORK, LLC.

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Defendant.

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ECF CASE CIVIL ACTION NO. 05-cv-9419 (WHP/RLE)
COMPLAINT & JURY DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex and retaliation and to provide appropriate relief to Charging Party Kim Weiler (“Weiler”) and a class of similarly situated individuals who were adversely affected by such unlawful practices. Plaintiff, Equal Employment Opportunity Commission (“EEOC” or “the Commission”) contends that Defendant Fox News Network, LLC (“Fox”) has engaged in discrimination against Weiler and a class of similarly situated individuals on account of their sex, female. The Commission contends that Fox subjected Weiler and a class of similarly situated individuals to sexual harassment and a hostile work environment because of their sex. The Commission further contends that Fox discriminated against Weiler and a class of similarly situated individuals by discriminating against them in terms, conditions and privileges of employment, all in violation of Title VII. The Commission also contends that Defendant retaliated against Weiler for asserting her rights under Title VII by complaining about sex discrimination. The Commission contends

that, as a result of the discrimination by Fox, Weiler and a class of similarly situated individuals were constructively discharged.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1353. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The unlawful employment practices were and are now being committed within the jurisdiction of the United States District Court for the Southern District of New York, within the New York County, City of New York, State of New York.
PARTIES 3. Plaintiff Equal Employment Opportunity Commission is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times Defendant Fox has continuously been a Delaware corporation doing business in the State of New York and the City of New York, with its headquarters located at 1211 Avenue of the Americas, New York, New York, and has continuously had at least 15 employees.
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5. At all relevant times Defendant Fox has continuously been an employer engaged
in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title
VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS
6. More than 30 days prior to the institution of this lawsuit, Weiler filed a charge
with the Commission alleging violations of Title VII by Defendant Fox. All conditions
precedent to the institution of this lawsuit have been fulfilled.
7. Since at least February, 2003, Fox has engaged in unlawful employment practices
at its headquarters at 1211 Avenue of the Americas, New York, New York, in violation of
Sections 703 and 704 of Title VII, 42 U.S.C. §§ 2000e-2 and e-3. These practices include, but
are not limited to, the following intentional acts of discrimination:
a. Defendant Fox, including through its Vice President Joe Chillemi (“Chillemi”), sexually harassed and subjected Weiler and a class of similarly situated female employees to a hostile work environment because of their sex. Chillemi routinely used gross obscenities and vulgarities when describing women or their body parts (referring, for example, to women’s breasts as “tits” and declaring that something was “as useless as tits on a bull”). He routinely used obscenities and vulgarities with women employees that he did not use with male employees (such as telling women that they had put his “cock” or “dick” “on the chopping block”). Chillemi routinely cursed at and otherwise denigrated women employees and treated them in a demeaning way (including telling women not to be a “pussy” but to “be a man”, and referring to women as being a “bitch”). He made a number of derogatory comments about pregnant women (such as regularly stating that a pregnant woman had “tits” that were “fucking huge” and like “cannons” or “melons” and the on-air talent’s breasts needed to be “covered” or not shown when the pregnant woman was being filmed). In addition, at a department discussion about a segment on sexism in the workplace, Chillemi said that in choosing who to hire “if it came down between a man or a woman, of course I’d pick the man. The woman would most likely get pregnant and leave.” Women in the Fox Advertising and Promotions departments supervised by Chillemi were also referred to in a derogatory way by a supervisor as his “Promo Girls.”
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b. Defendant Fox has discriminated against Weiler and a class of similarly situated female employees in the terms, conditions and privileges of their employment, including assigning women primarily to freelance positions with less benefits, less advancement potential and less job security and not appropriately assigning women to full staff positions.
c. Defendant Fox retaliated against Weiler for complaining about discrimination. 8. Defendant Fox knew or should have known of the unlawful employment practices, and has failed and continues to fail to exercise the requisite care to prevent and correct promptly the unlawful discrimination, harassment, and hostile work environment and has taken and continues to take insufficient or no appropriate remedial action. 9. The effect of the practices complained of above has been to deprive Weiler and a class of similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex, and/or because they engaged in a protected activity, and has also resulted in emotional pain, suffering, loss of enjoyment of life, embarrassment, humiliation, and inconvenience to Weiler and a class of similarly situated female employees. 10. The effect of the practices complained of above has resulted in the constructive discharge of Weiler and a class of similarly situated female employees. 11. The unlawful employment practices complained of above were and are intentional. 12. The unlawful employment practices complained of above were and are willful and done with malice or with reckless indifference to the federally protected rights of Weiler and a class of similarly situated female employees.
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PRAYER FOR RELIEF The Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Fox, its officers, successors, assigns, and all persons in active concert or participation with it from engaging in any employment practices which discriminate on the basis of sex. B. Grant a permanent injunction enjoining Defendant Fox, its officers, successors, assigns, and all persons in active concert or participation with it from retaliating against Weiler and any person for engaging in protected activity under Title VII or for opposing discrimination. C. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. D. Order Defendant to make whole Weiler, and all those individuals affected by its unlawful employment practices, by providing appropriate backpay with prejudgment interest and frontpay, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful-place hiring and reinstatement. E. Order Defendant to make whole Weiler, and all those individuals affected by its unlawful employment practices, by providing compensation for past and future pecuniary losses resulting from the unlawful practices described above, in amounts to be determined at trial. F. Order Defendant to make whole Weiler, and all those individuals affected by its unlawful employment practices, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices described above, including but not limited to
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emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
G. Order Defendant to pay Weiler, and all those individuals adversely affected by its unlawful employment practices, punitive damages for Defendant’s malicious and/or reckless conduct described above, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award the Commission its costs of this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

Dated:

November 7, 2005 New York, NY

Respectfully submitted,
James L. Lee Deputy General Counsel Gwendolyn Y. Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
__________/S/_______________________ Elizabeth Grossman (EG 2478) Regional Attorney
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_________/S/________________________ Judy Keenan (JK 3083) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 5th Floor New York, NY 10004-2112 (212) 336-3705 (212) 336-3623 (Fax No.) judy.keenan@eeoc.gov
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 so

UNITED STATES DISTRICT COURT
SOUTHERN DISTRlCf OF NEW YORK
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

ECFCASE

Plaintiff,
v.

OS-CV·9419 (WHPIRLE)

FOX NEWS NETWORK, LLC.

Defendant. ·--·--------~----------------------·x
CONSENT DECREE
The parties to this Consent Decree are the Equal Employment Opportunity Commission

r'EEOC} and Fox News Network, LLC (HDefendant").

WHEREAS. EEOC brought this action on or about November 7. 2005 pursuant to Title

VII ofthe Civil Rights Act of 1964, as amended (Title VII) ("the Action"). EEOC alleged that

Defendant discriminated against the Charging Party, Kim Weiler, and a class of similarly·

situated women by subjecting them to harassment, a hostile environment and disparate treatment

because of their sex, female. EEOC also alleged that Defendant retaliated against Weiler for

engaging in protected activity in opposing the discrimination;

WHEREAS. Defendant denied each ofthe claims and allegations in the EEOC Action;

WHEREAS. the parties hereto desire to settle this action. and therefore do hereby

stipulate and consent to the entry ofthis Decree as final and binding between the parties and their

successors or assigns. The parties agree that it is in their mutual interest to resolve this matter

fully without the costs, uncertainty, expense and delay of litigation; and

The parties agree that this Decree may be ootered into without Findings ofFa.ct and

Conclusions of Law being made and entered by the Court. No waiver, modification or amendment of any provision of this Consent Decree shall be effective unless made in writing. approved by all parties to this Consent Decree and approved or ordered by the Court.
NOW THEREFORE, in consideration of the mutual promises of each party to this
Decree. the sufficiency of which is hereby acknowledged. it is agreed and IT IS ORDERED. ADJUDGED. AND DECREED AS FOLLOWS:
1. This Decree resolves any and all issues, claims and allegations that were raised by EEOC Charge Number 160-2004-02728 and the Action. This Decree in no way affects EEOC's
right to process any future charges that may be filed against Defendant and to commence civil actions on any such charges as EEOC sees fit. 2. The parties agree that this Court has jurisdiction of the subject matter of this action and of the parties, that venue is proper, and that all administrative prerequisites have been met. 3. No party shall contest the jurisdiction of the federal court to enforce this Decree and its tenns or the right of any party to bring an enforcement suit upon breach of any ofthe tenns of this Decree by any other party. Breach of any term ofthis Decree should be deemed to be a substantive breach of this Decree. Nothing in this Decree shall be construed to preclude a party from bringing proceedings to enforce this Decree in the event that the opposing party fails to perfonn any of the promises and representations contained herein.
4. Defendant and its managers. officers, agents, successors, or assigns shall not discriminate
against or harass any individual because of the individual's sex, or engage in retaliation
toward any individual for asserting his or her rights under Title vn. Defendant and its
managers. officers and agents shall not retaliate against any individual who has participated in this matter in some way. including giving testimony in this matter. This includes. but is
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not limited to, Kim Weiler, Jacqueline Oliver, Kathryn Bougadis and Stephanie Lowenthal. S. Defendant shall pay the total sum ofS225,OOO to Kim Weiler, Jacqueline Oliver, Kathryn
Bougadis, Stephanie Lowenthal (collectively, "Claimants,,). EEOC shall have sole discretion in the distribution ofthis sum among the Claimants. 6. Within ten (10) calendar days ofentry of the Consent Decree. EEOC shall inform Defendant in writing of the amount to be distributed to each Claimant, and whether each amount represents backpay or compensatory damqes. and shall provide Defendant with each such Claimant's address and Social Security Number. Within ten (10) business days after Defendant's receipt of this infonnation, Defendant shall send to each Claimant a check (or checks, if applicable) in the amount specified by EEOC. A copy of each check shall be forwarded to Raechel L. Adams, Esq., Equal Employment Opportunity Commission, 33 Whitehall Street. Sth Floor, New York, NY 10004, immediately upon issuance ofthe check. 7. In connection with each check for backpay, Defendant shall issue to the Claimant an IRS Fonn W2, and in connection with each check for compensatory damages. Defendant shall issue to the Claimant an IRS Form 1099. All Claimants shall be responsible for any taxes owed by them with respect to these payments. 8. No later than seven (7) business days from the date ofentry ofthis Decree, Defendant agrees to post EEOC's poster in places visually accessible to employees and applicants in Defendant's principal New York office. 9. No later than seven (7) business days from the date of entry ofthis Decree, Defendant agrees
to post a remedial Notice pursuant to the Consent Decree, attached hereto as Exhibit A. on all
bulletin boards visually accessible to employees and applicants, where notices to employees
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are regularly posted.
10. Beginning in January 2007, Defendant will provide four (4) hours of training in federal laws
prohibiting discrimination in employment for all current employees. The training will be provided by Rossein Associates. The agenda for the training, which has been reviewed and approved by EEOC, is attached hereto as Exhibit B. The training will be repeated beginning in July of2008. Each training cycle will be completed within twelve (12) months of commencement. 11. Beginning in January 2007, Defendant will provide four (4) hours oftraining in federal laws prohibiting discrimination in employment for all current management/supervisory employees. The training will be provided by Rossein Associates. The agenda for the training, which has been reviewed and approved by EEOC, is attached hereto as Exhibit C, with a module specifically designed for management and supervisory employees. The training will be repeated beginning in July of 2008. Each training cycle wiD be completed within twelve (12) months of commencement 12. In addition to participating in the management/supervisory training described in Paragraph 11 above, Defendant will provide an individualized training session for the vice president! supervisor ofthe Advertising and Promotions Department in May 2007. The training will be provided by Rossein Associates. This training will be repeated in November 2008. 13. Defendant will forward to EEOC a copy of an attendance sheet for each training session within thirty (30) days of the completion of each training session. 14. Defendant agrees to maintain the anti-discrimination policy attached hereto as Exhibit D, which includes an anti-harassment policy, an anti-retaliation policy and a complaint procedure. The anti-discrimination policy has been reviewed and approved by EEOC.
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Defendant further agrees to distribute the approved anti-discrimination policy to all employees within thirty (30) days ofthe entry ofthe Consent Decree and at the time the employees are trained pursuant to Paragraphs 10·12, above. 15. Each party shall bear its own attorney fees and costs incurred in this action. 16. This Decree constitutes the complete understanding among the parties. No other promises or agreement shall be binding unless agreed to in writing and signed by these parties. 17. This Decree will remain in effect until December 31, 2009. 18. Defendant agrees to make available for inspection and copying any records reasonably related to the enforcement ofthls Decree, upon seven (7) business days written notice by EEOC, which notice shall specify those records that EEOC seeks to inspect.
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SO ORDERED, ADJUDGED AND DECREED this _ _ day of_ _ _ _ __ 2006.

U.S. District Judge

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APPROVED IN FORM AND CONTENT:

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FOR THE EQUAL EMPLOYMENT

FOR FOX NEWS NETWORK. LLC

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OPPORTUNITY COMMISSION

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~m~

& t t _ ' ~ BIYthCLOvinger

I

Regional Attorney

Kasowitz, Benson, Torres & Friedman LLP 1633 Broadway

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Judy Keenan

New York. NY 10019-6799

Acting Supervisory Trial Attorney

(212) 506-1707
Fax(212)5~1800

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Raechel L. Adams Senior Trial Attorney

~~

33 Whitehall Street

Dianne Brandl

Slit Floor

General Counsel

New York. NY 10004

Fox News Networ~ LLC

(212) 336-3701

Fax (212) 336·3623

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Exhibit B
ROSSEIN ASSOCIATES BUILDING RESPECT IN THE WORKPLACE
Training Outline for Providing Four Hours of Training For aU EmpJoyees In Federal Laws Problbiting Discrimination and Harassment
I. INTRODUCTION and OVERVIEW
II. WHY EMPLOYERS MUST BE PROACTIVE IN PREVENTING HARASSMENT AND DISCRIMINATION A. Liability B. Collegiality C. Productivity D. Disruption
m. WHAT IS UNLAWFUL HARASSMENT AND DISCRIMINATION?
Discussion of scenarios (see e.g. Training Module) A. Types of conduct that create a hostile environment B. Types of conduct that constitutes unlawful discrimination C. Range ofresponses available to both the victim and managers D. Ways to address problems informally and formally
N. DEFINITION OF HARASSMENT A. Adverse Tangible Employment Action (quid pro quo) B. Hostile or Abusive Environment 1. Unwelcome 2. Pervasiveness or Severity

3. Alteration ofworking conditions 4. Objective/Subjective C. Supreme Court Decisions
D. EEOC Guidelines on Harassment
E. Confidentiality
F. Corrective Actions
V. Federal Laws Prohibiting Discrimination Because of Sex, Race, National Origin, Color, Religion, Age and Disability A. Different Treatment B. Employment actions based on job related factor
VI. Retaliation
A. What is Retaliation-The Law B. Review of Supreme Court Decision C. Examples ofRetaliation VII. Fox News Network's Equal Employment Opportunity and Unlawful Harassment Policy A. Review Policy B. Review Complaint Mechanism VIII. Conclusion A. Employees', Managers' and Supervisors' Responsibilities B. The Benefits ofPromoting Respect in the Workplace
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ROSSEIN ASSOCIATES BUILDING RESPECT IN THE WORKPLACE

ExhibitC

Training Outline for Providing Four Hours of Training For Managers aDd Supervisory Employeealn DiscrlmJnation and Harassment Law
1. INTRODUCTION and OVERVIEW
n. WHY EMPLOYERS MUST BE PROAcrlVE IN PREVENTING HARASSMENT AND DISCRIMINATION A. Liability B. Collegiality C. Productivity D. Disruption
m. WHAT IS UNLAWFUL HARASSMENT AND DISCRIMINATION? Discussion of scenarios (see, e.g. training module for managers) A. Review oftypes ofconduct that create a hostile environment B. Types ofconduct that constitutes unlawful discrimination C. Range ofresponses available to both the victim and managers D. Ways to address problems infonnall'l and fomtally
IV. DEFINITION OF HARASSMENT (Review) A. Adverse Tangible Employment Action (quid pro quo) B. Hostile or Abusive Environment 1. Unwelcome 2. Pervasiveness or Severity 3. Alteration ofworking conditions

4. Objective/Subjective C. Supreme Court Decisions D. EEOC Guidelines on Harassment E. Confidentiality F. Corrective Actions V. Federal Laws Prohibiting Discrimination Because of Sex, Race. National Origin, Color. Religion, Age and Disability A. Different Treatment B. Employment actions based on job related factor VI. Retaliation A. What is Retaliation-The Law B. Review of Supreme Court Decision C. Examples ofRetaliation vn. Fox News Network's Equal Employment Opportunity and Unlawful Harassment Policy A. Review Policy B. Review Complaint Mechanism C. Review Managers and Supervisory Employees Responsibilities D. Review Various Case Studies Vili. Conclusion A. Employees', Managers' and Supervisors' Responsibilities B. The Benefits ofPromoting Respect in the Workplace
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Fox News Network, LLC

ExhibitD

Equal Employment Opportunity and Unlawful Harassment PoUey

Equal Employment Opportunity Statement
Fox News Channel maintains a strong policy ofequal employment opportunity for all employees and applicants for employment. The Company hires. trains, promotes and compensates each employee based uponjoh-related factors such as the individual's ability, work quality, attitude, competence and potential, as well as the Company's operational needs. without regard for race. color, religion, sex, sexual orientation, national origin, citizenship, age, marital status or disability, as well as all other classifications protected by applicable laws (collectively. the '"Protected Classifications").
The Company's equal employment opportunity philosophy applies to all aspects of employment with the Company, including, but not limited to, recruitin& hiring, training, transfer, promotion, employee benefits and compensation, termination, educational assistance, leave of absence, and social and recreational activities.
Fair Work Environment
It is the Company's policy to promote a fair and collegial working environment for all our employees. In keeping with this policy, sexual, racial, religious, ethnic, sexual orientation, age, national origin or other harassment of any employee by anyone is contrary to Company policy and will not be condoned. The Company will endeavor to keep the work place free of any conduct that creates an intimidating, hostile or abusive work environment.
Accommodation For Disabilities
The Company endeavors to provide equal employment opportunities to otherwise qualified individuals with disabilities. Opportunities include, to the extent practical. providing reasonable accommodations.
In general, it is an employee's responsibility to notify the Company of the need for an accommodation. If an employee communicates to his or her supervisor that an accommodation is required, the supervisor may ask the employee for input about the type of accommodation necessary, or the ftmctionallimitations caused by the disability.

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Unlawful Harassment

The Company opposes harassment ofothers on the basis ofsex, sexual orientation, age, race or any other Protected Classification. Harassment includes making derogatory remarks about an employee's characteristics. using negative epithets, making "jokes" about ethnic or other groups, and other verbal or physical behavior.

All employees are expected to cooperate in maintaining this work environment. Any forms ofunlawful harassment, whether verbal or physical, will not be tolerated by the Company at any level.

While all fonus ofharassment are prohibited, be they based on one's race or

ethnicity, the Company wishes to emphasize the special problems of sexual harassment.

Sexual harassment includes unwelcome sexual advances. requests for sexuaJ favors or

other verbal or physical conduct of a sexual nature when;

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• Submission to such conduct is made either explicitly or impliCitly a term or condition ofan individual's employment;

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• Submission to or rejection of such conduct by an individual is used as a

basis for employment decisions affecting such individual; or

• Such conduct has the purpose or effect ofunreasonably interfering with

the affected individual's work performance or creating a intimidating.

hostile or offensive work environment.

Sexual harassment is prohibited whether directed toward men or women, and

regardless ofwhether the employee accepts or rejects the advance.

The Company does not wish to interfere with the personal lives of its staff. However. conduct of a sexual nature directed toward Company employees that is not welcome and creates a hostile or abusive work environment can be UDlawful sexual harassment, whether committed by supervisory or non-supervisory pc!Sonnel. Examples ofconduct that could constitute sexual harassment include:
• Sexual touching, advances, or propositions;
• Verbal abuse. epithets, derogatory statements or slurs;
• Graphic or suggestive comments about an individual's dress or body; • Sexually degrading words to describe an individual; and • The display in the workplace ofsexually suggestive objects or pictures,
including nude photographs.

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The Company policy also applies to sexually improper conduct toward the Company's staffor clientst customers or other non-employees. If an employee infonns
the Company that he or she bas been subject to sexual or other harassment in the workplace by a non-employee, that individual will be infonned ofthe Company's policy
and appropriate corrective action and preventative steps will be taken.
Please keep in mind that each of the concepts described in the preceding discussion of"sexual harassment" applies with equal force to all other types ofprohibited harassment.
DlscrimiDation And Harassment Complaints
The Company respects the right of each employee who complains about illegal discrimination of any kind, including sexual or other woIkplace harassment, or who provides information in connection with any such complaint. Retaliation against any employee for engaging in these protected activities is contrary to Company policy and will not be condoned. An employee who believes that he or she has experienced illegal discrimination or retaliation should report that immediately to the Human Resources Department or, ifthat is problematic, to the Company's Senior Deputy General Counsel, or other appropriate Company representative.
Your Supervisor
The Company is dedicated to having professional supcrvis01'8 at all levels that can serve as sensitive and informed resources for their employees. Your supervisor should be your primary resource for infonnation about your job, current developments and important changes within the Company. Helshe should also be the person most capable of understanding any problems or issues you may have, and discussions and resolution of these matters should go through your supervisor first.
Your supervisor is also charged with reviewing your performance~ counseling you, and seeing that you receive the direction, training and assistance necessary to be successful on the job. Your supervisor will work with you and help you to develop and achieve your career goals.
In exchange. your supervisor needs to hear from you. You should feel free to openly share with your supervisor your questions or concerns regarding any phase of your work or employment, and your ideas and suggestions for making improvements.
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CASREF, CLOSED, ECF
U.S. District Court United States District Court for the Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:05-cv-09419-WHP

Equal Employment Opportunity Commission v. Fox News Network, LLC. Assigned to: Judge William H. Pauley, III Referred to: Magistrate Judge Ronald L. Ellis (Settlement) Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 11/07/2005 Date Terminated: 08/08/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Elizabeth Anne Grossman U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004-2112 (212) 336-3705 Fax: (212) 336-3623 Email: elizabeth.grossman@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judy Ann Keenan U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 (212) 336-3705 Fax: (212) 336-3623 Email: judy.keenan@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raechel Lee Adams U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 (212) 336-3707 Fax: (212) 336-3623 Email: raechel.adams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Defendant Fox News Network, LLC.

represented by Blythe Elisa Lovinger Kasowitz, Benson, Torres & Friedman, LLP (NYC) 1633 Broadway New York, NY 10019 (212)-506-1705 Fax: (212)-506-1800 Email: blovinger@kasowitz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/07/2005 11/07/2005 11/07/2005 11/07/2005 11/15/2005
12/19/2005
12/19/2005 12/22/2005 12/22/2005 01/09/2006 01/09/2006

#

Docket Text

1 COMPLAINT against Fox News Network, LLC.. Document filed by Equal Employment Opportunity Commission.(mo, ) Additional attachment(s) added on 11/8/2005 (lb, ). (Entered: 11/07/2005)
SUMMONS ISSUED as to Fox News Network, LLC.. (mo, ) (Entered: 11/07/2005)
Case Designated ECF. (mo, ) (Entered: 11/07/2005)
Magistrate Judge Ronald L. Ellis is so designated. (mo, ) (Entered: 11/07/2005)
2 ORDER RE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/5/2006 10:00 AM before Judge William H. Pauley III, in courtroom 11D. (Signed by Judge William H. Pauley III on 11/15/05) copies sent by chambers.(cd, ) (Entered: 11/16/2005)
3 REQUEST FOR WAIVER OF SERVICE sent to Defendant Fox News Network, LLC. Document filed by Equal Employment Opportunity Commission. Request for Waiver Mailed on 11/8/2005. (Attachments: # 1 Exhibit Proposed Waiver Form)(Keenan, Judy) (Entered: 12/19/2005)
4 WAIVER OF SERVICE RETURNED EXECUTED. Fox News Network, LLC. waiver sent on 11/8/2005, answer due 1/9/2006. Document filed by Equal Employment Opportunity Commission. (Keenan, Judy) (Entered: 12/19/2005)
5 SCHEDULING ORDER:Initial Pretrial Conference set for 2/3/2006 12:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 12/20/05) (dle, ) (Entered: 12/23/2005)
Set/Reset Hearings: Pretrial Conference set for 2/3/2006 12:00 PM before Judge William H. Pauley III. (dle, ) (Entered: 12/23/2005)
6 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Fox News Network, LLC..(Lovinger, Blythe) (Entered: 01/09/2006)
7 NOTICE OF APPEARANCE by Blythe Elisa Lovinger on behalf of Fox News Network, LLC. (Lovinger, Blythe) (Entered: 01/09/2006)

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01/09/2006 01/09/2006 01/20/2006 01/30/2006 02/06/2006 02/06/2006
02/15/2006 05/02/2006 05/15/2006
05/18/2006 05/19/2006 06/09/2006 08/08/2006

8 ANSWER to Complaint. Document filed by Fox News Network, LLC..(Lovinger, Blythe) (Entered: 01/09/2006)
9 AFFIDAVIT OF SERVICE of Answer & Rule 7.1 Statement served on EEOC on 1/9/06. Document filed by Fox News Network, LLC.. (Lovinger, Blythe) (Entered: 01/09/2006)
10 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Equal Employment Opportunity Commission.(Adams, Raechel) (Entered: 01/20/2006)
11 NOTICE OF APPEARANCE by Raechel Lee Adams on behalf of Equal Employment Opportunity Commission (Adams, Raechel) (Entered: 01/30/2006)
12 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge William H. Pauley III on 2/6/06) (db, ) (Entered: 02/07/2006)
13 SCHEDULING ORDER No.2: Amended Pleadings due by 4/28/2006. Joinder of Parties due by 4/28/2006. Discovery due by 7/31/2006. Final Pretrial Conference set for 10/13/2006 10:00 AM before Judge William H. Pauley III. Joint Pretrial Order due by 10/13/2006. (Signed by Judge William H. Pauley III on 2/3/06) (db, ) (Entered: 02/07/2006)
14 ORDER Settlement Conference set for 4/19/2006 10:30 AM before Magistrate Judge Ronald L. Ellis. (Signed by Judge Ronald L. Ellis on 2/15/06) (sac, ) (Entered: 02/15/2006)
15 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge William H. Pauley III on 5/1/06) (js, ) (Entered: 05/02/2006)
16 ORDER: It is hereby ordered that defendant's subpoenas directed to non-parties the NASDAQ Stock Market, New York City Department of Education, Enpowered Medical Media LLC, Jacqueline Eckhouse, Esq. and NBC Universal dated 4/26/2006 are quashed for failure to comply with F.R.C.P. 45(b)(1). The NASDAQ subpoena is also quashed for failure to comply with Fed.R.Civ.P.45(b)(2)... (Signed by Judge William H. Pauley III on 5/15/2006) (lb, ) (Entered: 05/16/2006)
18 TRANSCRIPT of proceedings held on 5/15/06 before Judge William H. Pauley III. (dle, ) (Entered: 05/23/2006)
17 TRANSCRIPT of proceedings held on 5/15/06 before Judge William H. Pauley III. (aba, ) (Entered: 05/19/2006)
19 SETTLEMENT CONFERENCE ORDER: This action has been referred to Magistrate Judge Ronald L. Ellis for settlement. A conference will be held in this case by the Judge on June 23, 2006, at 10:00 a.m. in Courtroom 18D, 500 Pearl Street. (Signed by Judge Ronald L. Ellis on 6/8/06) (js, ) (Entered: 06/09/2006)
20 CONSENT DECREE AND JUDGMENT in favor of plaintiff against defendant. (Signed by Judge William H. Pauley III on 8/4/06) (Attachments: # 1 notice of right to appeal)(ml, ) (Entered: 08/10/2006)

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