In a lawsuit filed Tuesday in the Southern District of New York, McHenry accused Fox News of dismissing sexual harassment claims she made about her “Un-PC” co-host Tyrus (real name George Murdoch), then rewarding him and punishing her.
“The only ‘zero tolerance’ Fox News has demonstrated is for the woman who complained about the sexual harassment four times ― refusing to investigate some of her claims, shunning her, shutting her out of company events, and refusing to allow her on Fox News Channel shows,” reads the lawsuit, filed by McHenry’s attorney, Lisa Bloom.
The suit alleges that in late 2018, as Tyrus and McHenry worked together on the Fox Nation show, he “threatened to send her a ‘dick pic’ over text message, told her he liked her buttocks and legs, and speculated what Ms. McHenry would be like after sexual intercourse.”
In July, HuffPost spoke with sources who described lewd texts that Tyrus allegedly sent McHenry. “Just pull your boobs out now why don’t you. Just grin and bare it,” he wrote in one message, according to sources.
When McHenry complained to the human resources department in early 2019, the lawsuit alleges, they asked her what she had done to provoke Tyrus, who was taken off “Un-PC” but later given his own show and never suspended for his alleged behavior.
Tyrus is also named in the lawsuit, along with Fox Corporation, Fox Entertainment Group and News Corporation.
After making her complaints, McHenry says, she was the one who received punishment. Fox News revoked professional opportunities she’d been offered, such as covering the MLB All-Star Game, and stopped marketing her show. Instead, she claims, the network began “constantly promoting” Tyrus’ new program, “Nuff Said.”
Furthermore, she says, she was told to attend a sexual harassment training in May, and learned when she arrived that she was the only employee summoned to appear.
Fox News issued a statement saying it expects “all of [McHenry’s] claims to be dismissed.” The network cited a separate lawsuit that she filed in October with the New York State Division of Human Rights, which is also ongoing.
On Tuesday, former Fox News employees Gretchen Carlson, Julie Roginsky and Diana Falzone ― who have all sued the network for sexual harassment or discrimination ― launched a campaign against the network’s use of the nondisclosure agreements that kept them quiet.
It’s not clear whether McHenry ever signed an NDA with Fox News.
“NDAs have always been onerous for women,” Carlson told HuffPost, “and a huge part of keeping this whole issue of harassment and assault and other toxic work environment issues silent.”
Amy Russo contributed reporting.