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Mea culpa: Gretchen Carlson’s US$20 million payout from Fox over sexual harassment wasn’t nearly as surprising as the company apologising

Parent company 21st Century Fox praised Carlson’s skills and said it was “proud” she had been part of the organisation

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Former Fox anchor Gretchen Carlson. Photo: AFP
The Washington Post

The settlement 21st Century Fox announced on Tuesday regarding former anchor Gretchen Carlson, who filed a lawsuit this summer claiming sexual harassment by the powerful – and now ousted – Fox News chairman Roger Ailes, was extraordinary in many ways.

There was the speed with which the suit went from being filed, on July 6, to being settled, just two months later. There was the reported size of the settlement, US$20 million, which employment lawyers suggested is the largest single plaintiff pretrial settlement for sexual harassment charges they knew of – many are settled privately.

The last thing a plaintiff ever receives in a pretrial settlement is an apology
Debra Katz, lawyer
But perhaps the most striking aspect of the settlement was the company’s public apology to Carlson in its statement, a move employment lawyers said was ­extremely rare, if not unprecedented, when it comes to sexual harassment claims.
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“Typically the last thing a plaintiff ever receives in a pretrial settlement is an apology,” said Debra Katz, a Washington lawyer who often represents plaintiffs in sexual harassment lawsuits.

“It clearly is a recognition that she was right that she was treated ­inappropriately, and that in and of itself is quite stunning.”

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In its statement, 21st Century Fox, the parent company of Fox News, where Carlson was a former anchor and Ailes was its powerful chairman until recently, praised Carlson’s skills and said it was “proud” she had been part of the organisation.

“We sincerely regret and apologise for the fact that Gretchen was not treated with the respect and dignity that she and all of our colleagues deserve,” the network’s statement read.

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