A new filing in the shocking FS1 workplace misconduct lawsuit implicating top Fox executives and talent has the network going on the offensive.
In a document submitted to the Los Angeles Superior Court on Tuesday, Fox outlined several reasons why they believe the lawsuit brought by former FS1 hairstylist Noushin Faraji should be dismissed.
Faraji, in her original complaint, alleges several instances of sexual misconduct by former FS1 host Skip Bayless and current Fox Sports executive Charlie Dixon, who was recently placed on administrative leave following a second sexual misconduct lawsuit filed by former FS1 host Julie Stewart-Binks. Also listed as a defendant in Faraji’s lawsuit is current FS1 host Joy Taylor.
Among the primary arguments Fox is making for a dismissal is that the network “exercised reasonable care to prevent and to correct any unlawful harassing and/or retaliatory workplace conduct.” Further, Fox claims that “[Faraji] unreasonably failed to take advantage of any preventative or corrective opportunities provided by [Fox].”
Faraji’s original lawsuit includes claims that she sought relief through Fox’s Human Resources department, including one time where she “told Human Resources that she believed her life was in danger,” to which they suggested Faraji “should just leave the workplace” when the unnamed coworker Faraji feared was having an episode.
In the new filing, Fox also claims that Faraji’s lawsuit should be dismissed based on the “doctrine of unclean hands,” a legal principle that prevents a party from seeking relief in court if they too have engaged in unethical conduct related to the subject matter. As is made clear in the original suit, Faraji had a personal relationship with Joy Taylor.
Additionally, in another part of the filing, Fox hedges by saying if the network is indeed held legally liable to Faraji’s claims, then “the conduct was not unlawful inasmuch as the conduct was reasonably and properly based on legitimate business reasons and non-retaliatory factors.”
In all, Fox lists 46 reasons for the case to be dismissed, many of which relate to California labor laws that address some of Faraji’s claims about less-salacious matters like overtime compensation or meal period allowances.
Fox Sports is currently preparing to broadcast Super Bowl LIX this Sunday from New Orleans. No doubt, the network would prefer this was not happening in a week that, for most, would be celebratory.
On Thursday, Fox is scheduled to hold the traditional pre-Super Bowl press conference that typically features executives from the network airing the game. Whether they address the lawsuit head-on or decide to punt on questions regarding ongoing litigation will be something to monitor.