Lawsuits are important. They publicly expose illegal employment behavior and provide important remedies to injured workers. But not every claim needs to go to trial. Find out how a lawyer can help you settle a sexual harassment claim out of court, and why you might want to.

In this post, I will discuss the out-of-court settlements entered by Fox News regarding TV personality Bill O’Reilly. I will explain why some employees say yes to out-of-court settlements, and how a lawyer can help protect your rights during negotiations.

Fox News Settles Sexual Harassment Claims

2016 posed big employment law challenges for Fox News. The company faced sexual harassment lawsuits by reporters Gretchen Carlson and Andrea Tantaros, who claimed former chairman Roger Ailes and others in upper management had subjected them to on-going gender discrimination and sexual harassment. Now, in 2017, the New York Times has reported that there was even more going on behind the scenes.

The newspaper obtained a letter that complained of sexual harassment claims by employee Juliet Huddy against TV host Bill O’Reilly. According to the letter, O’Reilly tried to have a sexual relationship with Huddy in 2011, at a time when he had significant influence over the direction of her career. Specifically, the letter said O’Reilly invited her to his home, tried to kiss her, took her out to dinner and the theater, and then appeared at the door to meet her in his boxer shorts. When Huddy refused his advances, the letter says O’Reilly tried to interfere with her professional advancement. Fox executive Jack Abernethy was also said to have retaliated against her professionally after she declined O’Reilly’s personal relationship.

Fox News and Mr. O’Reilly’s attorney have denied the allegations, but that did not stop them from entering into a high six figure settlement with Ms. Huddy. In exchange for the money, Huddy agreed not to sue the company for her sexual harassment claims.

The Benefits of a Sexual Harassment Settlement

If you have been the victim of ongoing sexual harassment, it can be tempting to insist on your day in court. But depending on your long-term employment goals, a settlement may be better for you, and your career.

Out-Of-Court Settlements Mend Fences in the Workplace

If your goal is to stay with your company, you will be working day-to-day with the potential defendants in any eventual lawsuit. While retaliation is illegal, you can’t litigate against hard feelings. If you want to stay on good terms with your employers and coworkers, an internal settlement may be able to get you the relief you need, without making you and your boss enemies.

Settlements Get Relief Faster

Lawsuits and Equal Employment Opportunity Commission (EEOC) investigations take time. If you go through formal channels, it can take months, or sometimes years, before you receive the relief you need. But if you engage your employer in informal negotiations instead, you could end up back to work faster. Depending on your claims, it may be possible to avoid any interruption to your income, work schedule, or employee-provided insurance.

Settlements Keep Your Affairs Private

Privacy is perhaps the biggest attraction of a sexual harassment settlement, for both sides. Employers often want to avoid the negative publicity of employment discrimination claims filed in court. Employees may not want their personal affairs to become part of public court record. The New York Times article proves that even informal settlements can sometimes go public. But many settlement agreements include non-disclosure provisions that protect the privacy of everyone involved.

How a Sexual Harassment Lawyer Can Help

It may be tempting to try to handle your sexual harassment complaints yourself. After you file an internal H.R. complaint or a grievance with your union, it may seem like there is nothing a lawyer can do. But any time an employer starts to talk about a “waiver” or “satisfaction of claims” it is essential that you get an experienced sexual harassment attorney on your side.

Employment discrimination laws give you access to a wide variety of remedies, from back pay and other financial compensation, to equitable remedies. Your employer could be required to discipline, or even fire, your harasser, and make changes to policy at the office, among other things. But if you never speak to a lawyer, you could very easily overlook some of your rights. A sexual harassment lawyer can make sure you get the remedies that will prevent the behavior from happening again, along with a fair financial compensation.

Many employers will try to sweep a wide variety of claims together when entering a settlement. Depending on the language of the settlement agreement, you could accidentally be forgiving the company for far more than you intended, even future behavior. An employment discrimination attorney can carefully review any settlement language to make sure you aren’t giving up more than you intended.

At Eisenberg & Baum, LLP, we know how to protect all of your rights at work, along with your privacy. Our experienced sexual harassment attorneys will meet with you to discuss your priorities and create a strategy to get you the relief you need. Contact us today to schedule a free initial consultation and get your case started.