Rachel Witlieb Bernstein claims in her U.S. District Court for the Southern District of NY suit Bernstein v. O'Reilly, 17-cv-09483, that she was not the source of information for the April 1 story that appeared in the Times.
The Times reported in April that O'Reilly and Fox News paid out millions of dollars to five women to settle harassment claims.
Bernstein alleges that O'Reilly had defended the payouts in the New York Times and other publications by portraying her as a "liar and politically motivated extortionist". He abused Ms. Bernstein.
Ms. Bernstein claims that statements made by Mr. O'Reilly and Fox News in response to the article disparaged and defamed her and violated the confidentiality clause of the settlement, which required that if asked about the dispute, the parties could respond by stating, "The matter has been resolved (or settled)".
She says O'Reilly insinuated she extorted him which she says is a lie, calling the former FNC host a "serial abuser".More news: Florida State Seminoles coach Jimbo Fisher to take Texas A&M coaching job
Bernstein says in her suit she was not a source for investigative stories on O'Reilly's behavior.
The complaint, filed in NY federal court, also addresses statements from Fox News this past April. In another widely published statement he said, "the worst part of my job is being a target for those who would harm me and my employer, the Fox News Channel". "They should release all victims from their NDAs and let the truth out".
Rachel Witlieb Bernstein, a previous junior maker at Fox News, is one of six ladies who supposedly went into settlement assentions in the wake of claiming misuse by O'Reilly. "It is cowardly to publicly attack these women knowing they have been subjected to contractual provisions requiring absolute silence".
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.
"Defendants Fox and O'Reilly materially breached the Agreement by making statements other than the agreed-upon statement and by issuing false, disparaging and defamatory statements", the 14-page jury trial seeking four count complaint asserts. Mullin's law firm, Smith Mullin, also represented former Fox News host Gretchen Carlson, who alleged she was harassed by the late Fox News Chairman Roger Ailes.