Bill O'Reilly, Fox News sued for disparaging female accuser

Fox News and Bill O'Reilly have been hit with a lawsuit over press statements made in the wake of a New York Times story revealing the former television star had paid $13 million to five women to settle sexual harassment claims.

The story and others would cause O'Reilly to lose his job, but not before he commented, "Just like other prominent and controversial people, I'm vulnerable to lawsuits from individuals who want me to pay them to avoid negative publicity."

O'Reilly would make other comments including to The Hollywood Reporter, which is cited in today's lawsuit. "I have put to rest any controversies to spare my children," O'Reilly said in April. "The worst part of my job is being a target for those who would harm me and my employer, the Fox News Channel."

Now, Rachel Bernstein is taking objection to these comments with a complaint that cites the non-disparagement clause of the settlement agreement she had with O'Reilly in 2002, when she was allegedly harassed as a junior producer at Fox News. Currently working at Conan O'Brien's production company, Bernstein is suing for breach of contract and defamation. She's represented by the same attorneys at Smith Mullin who represented Gretchen Carlson in the retaliation lawsuit against Fox News.

See photos of Bill O'Reilly:

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Bill O'Reilly through the years
NEW YORK, NY - OCTOBER 17: Talk Show Host Bill O'Reilly is seen on October 17, 2016 in New York City. (Photo by Patricia Schlein/Star Max/GC Images)
THE TONIGHT SHOW STARRING JIMMY FALLON -- Episode 0263 -- Pictured: (l-r) Bill O'Reilly and host Jimmy Fallon on May 14, 2015 -- (Photo by: Douglas Gorenstein/NBC/NBCU Photo Bank via Getty Images)
NEW YORK, NY - MARCH 23: Author Bill O'Reilly attends the 'Killing Jesus' World Premiere at Alice Tully Hall at Lincoln Center on March 23, 2015 in New York City. (Photo by Steve Mack/FilmMagic)
NEW YORK, NY - MARCH 23: (L-R) The cast of Nat Geo's 'Killing Jesus' Haaz Sleiman, Eoin Macken, Stephanie Leonidas, Alexis Rodney, Emmanuelle Chriqui, Joe Doyle, Chris Ryman and Kelsey Grammer pose with 'Killing Jesus' book author, Bill O'Reilly (C) at the red carpet event and world premiere of National Geographic Channel's 'Killing Jesus' at Alice Tully Hall on March 23, 2015 in New York City. (Photo by Brad Barket/Getty Images for National Geographic Channel)
NEW YORK, NY - MARCH 23: 'Killing Jesus' book author, Bill O'Reilly attends the red carpet event and world premiere of National Geographic Channel's 'Killing Jesus' at Alice Tully Hall on March 23, 2015 in New York City. (Photo by Paul Zimmerman/WireImage)
TODAY -- Pictured: Bill O'Reilly appears on NBC News' 'Today' show -- (Photo by: Peter Kramer/NBC/NBC NewsWire via Getty Images)
LATE NIGHT WITH SETH MEYERS -- Episode 0142-- Pictured: (l-r) Bill O'Reilly during an interview with host Seth Meyers on December 17, 2014 -- (Photo by: Lloyd Bishop/NBC/NBCU Photo Bank via Getty Images)
NEW YORK, NY - MAY 13: Bill O'Reilly (R) interviews Katie Couric during her visit to 'The O'Reilly Factor' at FOX Studios on May 13, 2014 in New York City. (Photo by D Dipasupil/Getty Images)
NEW YORK, NY - APRIL 09: Rob Lowe talks to host Bill O'Reilly at Fox News' 'The O'Reilly Factor' at Fox News Studios on April 9, 2014 in New York City. (Photo by Rob Kim/Getty Images)
WASHINGTON, DC - OCTOBER 28: Bill O'Reilly attends the National Geographic Channel's 'Killing Kennedy' World Premiere at The Newseum on October 28, 2013 in Washington, DC. (Photo by Kris Connor/Getty Images)
NEW YORK, NY - OCTOBER 16: TV personality Bill O'Reilly enters the 'Late Show With David Letterman' taping at the Ed Sullivan Theater on October 16, 2013 in New York City. (Photo by Ray Tamarra/WireImage)
NEW YORK, NY - MAY 14: Television host Bill O'Reilly is seen exiting'Good Morning America' studios on May 14, 2013 in New York City. (Photo by Raymond Hall/FilmMagic)
WASHINGTON, DC - FEBRUARY 27: Bill O'Reilly, host of FOX News Channel's The O'Reilly Factor, waits for the arrival of U.S. President Barack Obama during an event about Obama's 'My Brother's Keeper' initiative in the East Room at the White House February 27, 2014 in Washington, DC. As part of his 'Year of Action,' Obama announced a $200 million commitment from nine foundations to bolster the education and employment of young men and boys of color. (Photo by Chip Somodevilla/Getty Images)
THE TONIGHT SHOW STARRING JIMMY FALLON -- Episode 0170 -- Pictured: Author Bill O'Reilly on November 25, 2014 -- (Photo by: Douglas Gorenstein/NBC/NBCU Photo Bank via Getty Images)
NEW YORK, NY - JUNE 18: TV Personality Bill O'Reilly attends An Evening with Bill O'Reilly and Geraldo Rivera at 92nd Street Y on June 18, 2014 in New York City. (Photo by Mark Sagliocco/FilmMagic)
NEW YORK, NY - DECEMBER 04: Donald Trump and Bill O'Reilly attend the game between the New York Knicks and the Cleveland Cavaliers at Madison Square Garden on November 30, 2014 in New York City.NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Elsa/Getty Images)
NEW YORK, NY - JUNE 18: (L-R) TV Personalites Geraldo Rivera and Bill O'Reilly attend An Evening with Bill O'Reilly and Geraldo Rivera at 92nd Street Y on June 18, 2014 in New York City. (Photo by Mark Sagliocco/FilmMagic)
TODAY -- Pictured: Bill O'Reilly appears on NBC News' 'Today' show -- (Photo by: Peter Kramer/NBC/NBC NewsWire via Getty Images)
NEW YORK, NY - OCTOBER 16: Bill O'Reilly attends the 11th annual Giants of Broadcasting Honors at Gotham Hall on October 16, 2013 in New York City. (Photo by Noam Galai/WireImage)
THE VIEW - (10.1.13) Today's guest co-host is Jason Biggs ('Orange is the New Black.') Guests include Bill OReilly (author, Killing Jesus); Matt Long and Lorraine Bruce (ABC's 'Lucky 7') on ABC's 'The View.' 'The View' airs Monday-Friday (11:00 am-12:00 pm, ET) on the ABC Television Network. (Photo by Fred Lee/ABC via Getty Images) BARBARA WALTERS, BILL O'REILLY
Regis Philbin talks with Bill O'Reilly, of the O'Reilly Report, during the Court TV celebration of it's 10th anniversary at American Park inside Battery Park in New York City on July 18, 2001. photo by Gabe Palacio/ImageDirect
Bill O'Reilly attends the benefit for Homeless Children on November 16, 1989 at Letizia Restaurant in New York City. (Photo by Ron Galella, Ltd./WireImage)
THE TONIGHT SHOW WITH JAY LENO -- Episode 4420 -- Pictured: (l-r) Bill O'Reilly during an interview with host Jay Leno on March 1, 2013 -- (Photo by: Margaret Norton/NBC/NBCU Photo Bank via Getty Images)
TODAY -- Pictured: (l-r) Hoda Kotb, Kathie Lee Gifford and Bill O'Reilly appear on NBC News' 'Today' show -- (Photo by: Peter Kramer/NBC/NBC NewsWire via Getty Images)
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The complaint, filed in New York federal court, also addresses statements from Fox News this past April. When the New York Times published its story about O'Reilly, the cable news network's parent company responded, "Notwithstanding the fact that no current or former Fox News employee ever took advantage of the 21st Century Fox hotline to raise a concern about Bill O'Reilly, even anonymously, we have looked into these matters over the last few months and discussed them with Mr. O'Reilly."

Bernstein says the statement was false.

"In fact," states the complaint, "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 statement above. The statement by Fox News is deliberately misleading and in breach of Fox's agreement not to disparage Ms. Bernstein. There was no hotline at Fox during plaintiff's employment. The statement by Fox News also violated the Confidentiality Clause in the Agreement."

The complaint adds that O'Reilly is far from the "target" he portrays himself as, and instead, "he is a serial abuser and Ms. Bernstein's complaints about him were far from extortionate," with further reference to the report that O'Reilly also paid $32 million to settle harassment claims from Fox News analyst Lis Wiehl.

Bernstein is also suing the defendants for breach of the covenant of good faith and fair dealing as well as targeting O'Reilly for allegedly tortiously interfering with Bernstein's settlement agreement with Fox News. She's demanding an unspecified amount of damages related to her reputation, economic position and stress she endured. Punitive damages is also being sought.

RELATED: High-profile men who have been accused of sexual misconduct:

71 PHOTOS
High-profile men accused of sexual harassment, assault and misconduct
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High-profile men accused of sexual harassment, assault and misconduct

Movie producer Harvey Weinstein is accused of sexually assaulting or harassing dozens of women, including a number of well-known celebrities, over the past several decades.

(REUTERS/Gus Ruelas)

Matt Lauer was fired from 'Today' after multiple women accused him of sexual misconduct that allegedly included giving a co-worker a sex toy and dropping his pants in front of a female employee in his office.

(REUTERS/Mike Segar)

Actor Jeffrey Tambor has been accused of sexual assault by two women from the Amazon series, "Transparent."  

(REUTERS/Danny Moloshok)

Sen. Al Franken is accused of kissing a groping a woman without her consent during a United Service Organizations (USO) tour in 2006.

(Photo By Tom Williams/CQ Roll Call)

Eleven women have come forward accusing President Donald Trump of unwanted touching or kissing. Trump has called the sexual harassment claims 'fake news.'

(Al Drago/Bloomberg via Getty Images)

Rep. Ruben Kihuen, (D) Nevada, was accused of making repeated, unwanted propositions for dates and sex to a woman that once worked on his campaign.

(Photo By Bill Clark/CQ Roll Call)

Hundreds of women accused longtime Hollywood writer and director James Toback of sexual harassment.

(TIZIANA FABI/AFP/Getty Images)

Comedian Louis C.K. has been accused of forcing women to watch him masturbate, according to the New York Times.

(Photo by Rich Fury/Getty Images)

Director Bret Ratner has been accused of sexual harassment by several women, including actresses Olivia Munn and Natasha Henstridge.

(Photo by Frazer Harrison/Getty Images)

Actor Anthony Rapp accused Kevin Spacey of making a sexual advance towards him when he was 14 years old.

(REUTERS/Danny Moloshok)

Roger Ailes, the former president of Fox News Channel, was accused of sexually harassing former anchor Gretchen Carlson and several other women from the network.

(Photo by Stephen Lovekin/Getty Images)

Several women accused TV host Charlie Rose of sexual misconduct, including groping and lewd phone calls.

(Photo by Roy Rochlin/Getty Images)

Bill Cosby has faced sexual assault allegations from about 60 women, including several women who claim he drugged them.

(Photo by Gilbert Carrasquillo/Getty Images)

Mark Schwahn, the former "One Tree Hill" showrunner, was accused of sexual harassment by a large number of the show's cast and crew.

(Photo by JB Lacroix/WireImage)

Roy Moore faced multiple allegations of sexual misconduct with underaged girls.

(REUTERS/Marvin Gentry)

Bill Clinton faced numerous allegations of sexual assault and misconduct while he was president of the United States, with accusers including Juanita Broaddrick, who accused him of rape, Kathleen Willey who said he groped her and Paula Jones who said he exposed himself to her without consent.

(Photo by Dirck Halstead/The LIFE Images Collection/Getty Images)

Actor Casey Affleck settled lawsuits out of court wth two women who accused him of sexual harassment.  

(Photo by Alberto E. Rodriguez/Getty Images for Film Independent)

Bill O'Reilly has reportedly made numerous settlements with women who accused him of sexual harassment.

(Photo by: Nathan Congleton/NBC/NBCU Photo Bank via Getty Images)

Anthony Weiner, a former Democratic congressman was sentenced to 21 months in prison in September 2017 after pleading guilty to sexting a teenage girl.

(TIMOTHY A. CLARY/AFP/Getty Images)

Veteran journalist Mark Halperin has been accused of sexually harassing women while he worked at ABC News.

(Photo by Frederick M. Brown/Getty Images)

Singer R. Kelly is accused of holding women against their will in houses in Illinois and Georgia in a reported 'sex cult.'

(Photo by Noam Galai/Getty Images)

Former Fox Host Eric Bolling was accused of sending unsolicited lewd text messages to female colleagues.

(Photo by Roy Rochlin/Getty Images)

Director Roman Polanski fled the US after pleading guilty to unlawful sexual intercourse with a minor. Several other women have also come forward to accuse him of sexual assault.

(REUTERS/Arnd Wiegmann)

Chef John Besh stepped down from the company he founded after female employees reported facing sexual harassment there. 

(Photo by Mireya Acierto/Getty Images for NYCWFF)

Photographer Terry Richardson was labeled the 'Harvey Weinstein of Fashion' by the Sunday Times amid widespread accusations of sexual harassment by models.

(Photo by Eugene Gologursky/WireImage)

Singer Kesha accused Lukasz Gottwald aka Dr. Luke of drugging and sexually assaulting her on multiple occasions.

(Photo by Tommaso Boddi/WireImage)

Former champion boxer Mike Tyson was convicted of raping a Miss Black America contestant in 1992. 

(REUTERS/Michael Clevenger/POOL)

Former USA Gymnastics doctor Larry Nassar has been accused of sexual abuse by dozens of his former patients and athletes.

(JEFF KOWALSKY/AFP/Getty Images)

Music mogul L.A. Reid left his position as Epic Records CEO/Chairman in 2017 amid harassment claims by a female assistant.

(Photo by Emma McIntyre/Getty Images)

Amazon Studios chief Roy Price resigned following reports that he harassed a producer and ignored an actress' allegation of sexual assault by Harvey Weinstein.

(Photo by Paul Zimmerman/WireImage)

Several women have accused former President George H.W. Bush of groping them during photo ops.

(REUTERS/Adrees Latif)

Chris Savino (right), creator of  'The Loud House' was suspended by Nickelodeon after being accused of making unwanted advances toward multiple women.

(Photo by Vivien Killilea/Getty Images for SCAD)

Actor Steven Seagal was accused of sexual misconduct by Inside Edition's chief investigative correspondent Lisa Guerrero.

(Photo by Paul Archuleta/Getty Images,)

Michael Oreskes, senior vice president of news and editorial director of National Public Radio, was accused of inappropriate conduct with two women in 1990s.

(REUTERS/Fadi Al-Assaad)

Dustin Hoffman was accused of sexually harassing a production assistant when he was 48 and she was a high school senior.

(REUTERS/Stephane Mahe)

Jeremy Piven was accused by actress Ariane Bellamar of groping her on two separate occasions. Piven 'unequivocally' denied the allegations.

(REUTERS/Mike Blake)

Ben Affleck apologized for acting 'inappropriately' towards Hilarie Burton during an appearance on MTV's "Total Request Live" in 2003.

(REUTER/Dylan Martinez

Andy Dick was accused of sexual harassment and misconduct on set, including groping people’s genitals, unwanted kissing/licking and sexual propositions.

(Photo by Earl Gibson III/Getty Images)

Four women, including several that were also fellow Scientologists, have accused actor Danny Masterson of sexual assault, according to HuffPost.

 (Photo by Paul Archuleta/FilmMagic)

Actor Ed Westwick was accused by actress Kristina Cohen of raping her in his home.

(REUTERS/Danny Moloshok)

David Guillod, producer of 'Atomic Blonde,' is accused of drugging and sexually assaulting several woman.

(Photo by Jennifer Lourie/Getty Images)

Andrew Kreisberg, the showrunner for "Supergirl," was suspended in November 2017 amid numerous sexual harassment allegations by members of his staff.

(Photo by Frederick M. Brown/Getty Images)

Actor Tom Sizemore was reportedly told to leave a film set in 2003 after an 11-year-old actress told her mother that he had touched her genitals.

(REUTERS/Phil McCarten)

Steve Jurvetson left his own venture capital firm after allegations of sexual harassment

(Photo by Steve Jennings/Getty Images for TechCrunch)

A former model accused George Takei of sexually assaulting him 36 years ago.

(Photo by Tara Ziemba/FilmMagic)

Olympic gold medalist Hope Solo accused former FIFA president Sepp Blatter of sexually assaulted her at an award ceremony in 2013.

(REUTERS/Arnd Wiegmann)

A former writer for 'Mad Men' said the show's creator Matthew Weiner told her that she owed it to him to let him see her naked.

(REUTERS/Danny Moloshok)

Ron Jeremy has been accused of sexually assaulting more than a dozen women and the allegations span more than 30 years.

(Photo by Paul Archuleta/FilmMagic)

Multiple women accused producer Adam Fields of touching them inappropriately and sexually propositioning them.

(Photo by Taylor Hill/WireImage)

Rep. John Conyers (D-MI) has been accused of unwanted sexual advances by former staffers.

(Jonathan Ernst / Reuters)

John Lasseter, the head of Pixar and Walt Disney Animation Studios, was accused of crossing the line with employees, including unwanted hugs.

(Photo by Gregg DeGuire/WireImage)

Singer Nick Carter was accused of rape by a former member of the all-girl teen band Dream, Melissa Schuman.

(Photo by Ray Tamarra/GC Images)

A singer accused billionaire Richard Branson of sexual assault during an event as his Necker Island in the Caribbean. Branson says he has no recollection of the matter.

(REUTERS/Lucy Nicholson)

Talent agent Adam Venit is accused of grabbing actor Terry Crews' genitals.

(Photo by Amanda Edwards/Getty Images)

Jeordie White (aka Twiggy Ramirez), Marilyn Manson former longtime bassist, was accused of rape by singer Jessicka Addams.

(Photo by Chris Weeks/WireImage for Bragman Nyman Cafarelli)

Lockhart Steele, Vox Media's editorial director was fired after a former employee accused him of sexual harassment.

(Photo by Hal Horowitz/WireImage for Haute Magazine)

Producer Bob Weinstein, Harvey Weinstein's brother, has also been accused of sexual harassment. 

(Photo by Stephen Lovekin/Getty Images for The Weinstein Company)

Jesse Lacey of  the band, Brand New, was accused of sexual misconduct, including soliciting nude photos from a teen girl in the past.

(Photo by Daniel Boczarski/Redferns)

Senior Correspondent for E! News Ken Baker California was accused of sexual harassment by two women.

(Photo by Leon Bennett/Getty Images)

American film director Oliver Stone was accused of groping model and actress Carrie Stevens in the 1990s.

(Photo by Valery Sharifulin\TASS via Getty Images)

Reporter Glenn Thrush was suspended by the New York Times after several women accused him of acting inappropriately when they were young journalists.

(Photo by Kirk Irwin/Getty Images for SiriusXM)

Veteran radio host Garrison Keillor was fired by Minnesota Public Radio following claim of improper behavior.

(Photo by Al Pereira/WireImage)

CNN producer Teddy Davis was fired after multiple accusations of harassment.

(Photo via Twitter)

Producer Russell Simmons stepped down from his companies following sexual assault and harassment accusations from two women.

(REUTERS/Carlo Allegri)

Longtime conductor James Levine was suspended by New York's Metropolitan Opera after sexual abuse claims.

(Photo by Hiroyuki Ito/Getty Images)

Dylan Howard, editor in chief of the National Enquirer, was accused of sexual misconduct by several former employees, including forcing them to watch porn and openly discussing his sexual partners.

(REUTERS/Lucas Jackson)

"X-Men" director Bryan Singer was accused of raping a 17-year-old boy on a yacht in a lawsuit filed in December.

(REUTERS/Hannah McKay)

Harold Ford, Jr.

(Munshi Ahmed/Bloomberg via Getty Images)

Chef Mario Batali has been accused by multiple women of "inappropriate touching in a pattern of behavior that spans at least two decades."

(Photo by Donna Ward/Getty Images)

PBS talk show host Tavis Smiley's show was suspended amid misconduct allegations made against him.

(REUTERS/Fred Prouser)

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