Bill O'Reilly settled with six women over harassment allegations, and one of them says she hasn't said a word-until now.
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.
In a lawsuit filed Monday in U.S. District Court for the Southern District of New York, Bernstein said O'Reilly and Fox News broke their nondisclosure agreement in remarks to the New York Times.
"O'Reilly depicted Ms. Bernstein in a false light, criticized and derided her character, raising doubt about her intentions in detailing O'Reilly's manhandle to HR and at last being constrained out at Fox News with a settlement assention", she asserts in her suit.
At least one other settlement has since been reached involving O'Reilly and allegations of sexual harassment.
O'Reilly and spokesman Mark Fabiani did not immediately respond to a Law&Crime request for comment. The lawsuit says that Witlieb Bernstein was not the source of information for the April New York Times story.
O'Reilly allegedly made other, similar comments since then.
"In fact, Ms. Bernstein repeatedly complained to Fox Human Resources, Bill Shine, and other Fox executives, about Mr. O'Reilly's mistreatment and both defendant Fox News Network LLC and O'Reilly knew that before making the statements above", the complaint says. The statement by Fox News is deliberately misleading and in breach of Fox's agreement not to disparage Ms. Bernstein. 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. "They should release all victims from their NDAs and let the truth out".
"O'Reilly portrayed himself as a "target" and claimed the complaints against him were extortionate", the suit read. Fox News took no action to protect plaintiff from O'Reilly. "It is cowardly to publicly attack these women knowing they have been subjected to contractual provisions requiring absolute silence".
In a statement, Rachel Witlieb Bernstein's lawyer said since O'Reilly's history of alleged sexual harassment has become public, Bernstein has experienced "widespread distribution of disparaging, defamatory, and false claims against her". "She was not politically or financially motivated to raise the claims of abuse".