Fox News management made a sound decision in choosing the American Arbitration Association (AAA) as its agent of choice.According to a 2011 study by Cornell University’s Alexander Colvin, employees prevail less frequently and recover less money in cases arbitrated by the AAA — the study examined nearly 4,000 cases between 2003 and 2007 — than they do in trials.
.. Paul Bland, an expert on arbitration clauses and executive director of Public Justice, tells the Erik Wemple Blog that as a general rule, only the parties to an arbitration clause can invoke it. After reading the court documents filed by Carlson’s lawyers, Bland noted that the agreement is between Fox News and Carlson. “Ailes is not named in it. Their argument is that FOX means Ailes. They should have written more broadly, most arbitration clauses name others who work for or with, are associated with, etc. I consider him a non-party under this language. Poor drafting,” writes Bland in an email.
.. “The problems of secrecy in arbitration are really highlighted in this case — you look at all of the women who have come forward with very similar stories, and you can see why Ailes would prefer to keep a lid on all of this by avoiding the public court system where the evidence becomes a matter of public record.”
.. Another thing to consider is that Carlson worked at Fox News for 11 years, presiding in some way over thousands of hours of programming. Over all those hours, Carlson was adjudged reliable and honest enough such that Ailes and his lieutenants placed their precious Fox News audience in her hands. Now, all of the sudden, she has become the source for her lawyers’ dissemination of “one false and defamatory statement after another.” Even you, Roger Ailes, can’t have it both ways.
Six More Women Allege That Roger Ailes Sexually Harassed Them
Ailes is clearly trying to keep these stories out of the press and the courts. Late on Friday, his lawyers filed a motion in federal court in New Jersey seeking to move Carlson’s lawsuit to arbitration, which would prevent witnesses from being called in court.
.. So we get in the car and that’s when he said, ‘You know if you want to play with the big boys, you have to lay with the big boys.’
.. He said that’s how all these men in media and politics work — everyone’s got their friend. I said, ‘Would I have to be friends with anybody else?’ And he said, ‘Well you might have to give a blowjob every once in a while.’
Gretchen Carlson Suit Against Fox News Head Forces Network to Face Changing Mores
Respect and equality in the workplace don’t represent political correctness anymore, if they ever did. They are the cornerstones of modern human resource policies used by sophisticated companies. Mr. Ailes is not just bumping up against an annoyance he can wave away, he’s confronting a new world order, something Rupert Murdoch and his sons, James and Lachlan, understood when they issued a statement about the lawsuit saying, “We take these matters seriously’’ and would conduct an internal review.
..Mr. Ailes’s very approach to television — as the quintessential visual medium — has stood as a rebuke to those who might be sensitive to signs of female objectification. His sets are famous for their translucent desks, which show the legs of his female stars who are so often in skirts.
It was Ms. Carlson who once said that when she was a host on the set of “Fox & Friends,” the network’s morning program, “pants were not allowed.” Fox News has denied any such rule.
.. A few years ago, Mr. Ailes might have been free to defend himself with the unquestioned support of his like-minded longtime patron, Mr. Murdoch, who has stood by him as Mr. Ailes has brought in huge revenue ..
.. But Mr. Murdoch’s sons have different political and corporate sensibilities than their father.
The Fake Reality of ‘Fox & Friends’
The tension and banter on the Fox News morning show always seemed to be weirdly authentic—until now.
Dissension in the ranks has always been a secret recipe of Fox News, a key to the network’s watchability: Beneath the “Fair and Balanced” sheen and the conservative point of view, the network has been surprisingly tolerant of infighting on the air. You don’t generally hear the anchors on MSNBC calling each other out. Yet on Fox, this happens with some regularity.
.. These episodes are not mistakes or accidents; Ailes has always understood, perhaps better than most, that conflict is entertainment.
.. Ailes called her a “man hater” who needed to learn “to get along with the boys.”
.. It was 2012, and Kilmeade had made a low-grade sexist crack about the introduction of women into a military band: “Women are everywhere. We’re letting them play golf and tennis now, it’s out of control.”
Carlson, ever smiling, rose from the couch and walked off the set. “You know what?” she said. “You know what? You read the headlines, since men are so great.” The camera followed her for a few feet, capturing Kilmeade smiling, the crew laughing, and Carlson continuing to wear a painted grin.