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Fox Sports and Skip Bayless Sexual Harassment Lawsuit Presents HR Lessons

Ken Winkler and Emma Sammons


Noushin Faraji, a former hair stylist at Fox, has sued Fox Sports, Fox Corporation, Skip Bayless—the former host of Skip and Shannon: Undisputed—and Charlie Dixon—a network executive—in California Superior Court in Los Angeles this month.


The lawsuit brings claims for sexual battery, a hostile work environment, failure to prevent harassment, negligent supervision, hiring and retention, retaliation, and wrongful termination.


While the lawsuit also seeks class certification for alleged failure to pay minimum wage and overtime, the harassment claims have garnered national attention.


Alleged Harassment


The crux of Faraji’s complaint alleges that “Fox’s failure to prevent harassment perpetuated a misogynistic, racist, and ableist workplace where executives and talent were allowed to physically and verbally abuse workers with impunity.”


Specifically, Faraji alleges that since 2017, Bayless made repeated and unwanted advances toward her. These instances included kisses on the cheek, lingering hugs, and comments that Bayless could change Faraji’s life if she had sex with him. In 2021, Bayless allegedly offered Faraji $1.5 million to have sex with him and then threatened her job when she refused. Faraji also alleges that FS1 executive vice president of content, Charlie Dixon, rubbed her body and grabbed her buttocks at a party in 2017. According to the complaint, Dixon was one of the first to be hired by former Fox Sports president, Jami Horowitz, who was terminated from Fox due to reports of sexual harassment. The complaint alleges that Faraji felt pressure to be professional and kind to Bayless and other Fox Sports talent.


Alleged Retaliation


According to the complaint, Faraji reported these incidents to Fox Sports’ Human Resources but claims these complaints were ignored. Faraji states that when she was fired in 2024 she remained quiet about the harassment she was subjected to because she believed she could be in danger. Faraji alleges in the complaint that Fox fired her at Dixon’s direction as retaliation for disclosing information about his sexual relationships with network employees.


The Bigger Picture for Employers


The lawsuit has just begun and whether Faraji’s allegations are true remains to be determined. Nonetheless, Faraji’s lawsuit serves as a valuable reminder of the importance of maintaining a safe and healthy workplace. It is critical to prioritize both preventing sexual harassment as well as providing a space in which employees feel validated and protected. This is more than a moral obligation; it is a legal obligation as well.


Workplace culture has the greatest impact on allowing harassment to flourish, or conversely, in preventing harassment. Effective harassment prevention efforts and workplace culture in which harassment is not tolerated must start with and involve the highest level of management of the company.


Here are five essential steps every employer should undertake to foster a healthy work environment and avoid litigation, and the salacious headlines Fox and Bayless are now facing.


1. Implement a sound anti-harassment policy with multiple avenues to lodge a complaint


Draft comprehensive anti-harassment policies. These should define harassment, provide examples of unacceptable behavior, and specify the consequences for violations. Ensure that employees are familiar with these policies during onboarding and through regular training.


Create multiple, confidential reporting mechanisms for employees to raise concerns without fear of retaliation. Options might include anonymous hotlines, third-party reporting systems, or designated management and HR representatives. Providing multiple pathways for employees to report misconduct is critical and broadens the likelihood that an employee will be able to feel comfortable coming forward with information.


Make sure your business is periodically reviewing workplace dynamics, employee feedback, and policy enforcement to identify and address potential vulnerabilities before they escalate. Just because there have been no reported instances of misconduct, does not mean they will not happen.


2. Educate management and employees about the policy


Having a sound policy is not enough. Provide mandatory training on preventing sexual harassment, including recognizing, reporting, and addressing inappropriate conduct. Focus on empowering bystanders to intervene and support victims.


Even more importantly, as shown in the Faraji lawsuit, hold executives accountable. Train managers and supervisors to model respectful behavior, intervene in inappropriate situations, and support employees who come forward with concerns.


3. Take complaints seriously and thoroughly investigate allegations


When complaints arise, respond promptly with a thorough and unbiased investigation. Employers should engage independent investigators if necessary to maintain objectivity and help employees feel comfortable with the process.


4. Take corrective action if violations occur


Apply consequences consistently, regardless of the accused individual’s seniority or influence within the organization. This demonstrates a commitment to maintaining a fair and respectful workplace and shows employees that their concerns will be addressed seriously, even if the concerns are based on a superior’s conduct.


5. Protect employees from retaliation


Establish a clear anti-retaliation policy that outlines employees’ rights and appropriately discipline any employees who are accused of or threaten retaliation. Inform employees that retaliation for claims of sexual harassment or discrimination is unlawful and strictly adhere to this policy. Retaliation is the most frequently alleged basis of discrimination before the EEOC and actions beyond terminating employment can amount to retaliation such as demotions or transfers.

Conclusion


While these steps may seem simplistic, they are essential to prevent the types of claims alleged in Faraji’s complaint. Employers should devote sufficient resources to harassment prevention efforts and where harassment is found to have occurred, appropriate discipline proportionate to the conduct should be issued.

Ken Winkler is a shareholder at Berman Fink Van Horn in Atlanta, where he counsels employers and business owners on employment law and compliance, including workplace issues such as harassment (#MeToo) and discrimination; ADA, FMLA, and other employment laws governing the workplace; employment restrictions (non-competes); and employment and business litigation. Ken obtained his law degree and B.S.B.A from The Ohio State University. You can read his blog, SportsFansGuide2HR, and connect with him via LinkedIn and Twitter @kwinklerbfvlaw.


Emma Sammons is an associate at Berman Fink Van Horn. Emma counsels clients through diverse business challenges and disputes, including contract disputes, labor and employment, and noncompete matters. She obtained her B.A.s in International Studies and Spanish Language and Literature at Fordham University and her J.D., with honors, from Emory University.

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