According to the suit, the settlement agreement provided that the parties would not disparage each other and that, if asked, the parties would say that "the matter has been resolved". Bernstein reached a settlement with Fox in 2002 after those repeated complaints.
"O'Reilly portrayed himself as a "target" and claimed that complaints against him are extortionate", Ms. Bernstein's lawsuit said.
"He's gone far beyond that and painted our client in a awful light", lawyer Neil Mullin told WaPo, claiming that O'Reilly violated the 2002 settlement case by implying that Bernstein's claims were politically motivated, Variety reported.
Bernstein alleges in her suit that she complained repeatedly about O'Reilly's mistreatment of her to the company's human resources department and top Fox News executives, but nothing was done.
In a complaint filed Monday in United States District Court for the Southern District of NY, attorneys for Rachel Witlieb Bernstein claim that O'Reilly and Fox News both broke a non-disparagement clause that was part of a 2002 settlement agreement. Unlike other claims, this one didn't involve sexual harassment.
The New York Times revealed in April that Bernstein left the system in the wake of documenting a protest about him "raging into the newsroom" and shouting at her.
Ep. 25: Net Neutrality with FCC Chairman Ajit Pai
Now he is FCC chairman and wants to roll back the net neutrality rules that were adopted two years ago. Schneiderman said his office is seeking FCC logs to show the origin of the comments.
A former Fox employee who reached a settlement with Bill O'Reilly in 2002 says he smeared her as a liar, breaking their deal..
Her suit names both Fox News and O'Reilly as defendants and seeks damages to be determined at trial for breach of contract, defamation and other claims.
O'Reilly would make other comments including to The Hollywood Reporter, which is cited in today's lawsuit. "Mr. O'Reilly is fully committed to supporting our efforts to improve the environment for all our employees at Fox News". "This is false. In fact, he is a serial abuser and Ms. Bernstein's complaints about him were far from extortionate".
Bernstein's attorneys said in a statement Monday that she "was not the source for this revelation". She is now a producer for Conan, and is being represented by Smith Mullin, the same law firm that hired by former Fox News host Gretchen Carlson in her own legal battle against the network.
A Fox News spokesperson and representative for O'Reilly did not respond to a request for comment.