Not long after #MeToo scandals swept through Fox News, NBC, and then CBS, toppling high-powered executives and promising to transform the media industry, a former television personality called me to share a different kind of story. I’d just published a column for Vanity Fair recounting my own run-in with the powers that be, as a former reporter for Fox News. Last year, after suing for gender discrimination and retaliation, I settled with Fox and signed a non-disclosure agreement, barring me from discussing the case. But as this woman observed, legal settlements can’t fix our broken culture. In many cases, they only trigger another, more insidious form of retaliation.
“The very same people who publicly applaud you for speaking up about bad behavior will never hire you into their own organizations because you are forever pegged as a whistleblower and a troublemaker,” said the woman, who sued a large corporation for sexual harassment. “On your deathbed, you will probably feel that you have done the moral thing by speaking up, but in the years you are alive, you are very cognizant of the toll your decision to come forward has taken on your life and your career path.” She was once a prominent television personality, but now is unable to secure a talent agent or an on-camera job.
There is no official blacklist, of course. And yet, multiple women, all of whom have settled high-profile lawsuits against serial sexual harassers, told me they struggled to continue their careers in media after defending themselves. One woman, who recalled being told she was “overqualified” for a broadcasting job, lost out on a potential job after her interviewer asked why she had sued and settled with her previous employer. “I . . . I didn’t do anything,” she responded. “It was done to me, but that’s in the past. I just want to work. I want to do what I love again.” The interviewer huffed: “Well, I believe what you’re saying, but I’m going to check around to see what your reputation really is.”
A former network anchor who sued for sexual harassment told me she was treated as persona non grata after news of her settled lawsuit went public. “I spoke with an old colleague who is now a news director in a much bigger market. They said I should get back to them after some dust settles in a few years,” she said. “It couldn’t be more clear to me, given the fact this person had always said I would be on their A-team if I ever wanted to work with them again.”
Employment lawyer Martin Hyman, who represented both Gretchen Carlson and me, said it is not surprising to hear these women’s stories of being blacklisted. “Anyone who would tell you that women who file and eventually settle sexual harassment claims are not blacklisted by media companies is not being forthright,” Hyman told me. “Just look at some of the men who, until recently, have run or otherwise wielded power in this industry. Look at the culture they created, perpetuated, or tolerated. And look at the people who enabled the harassers, including, in some cases, talent agents who politely demur or decline to represent these courageous women after their cases have settled. Did these women suddenly lose their talent, motivation, or popularity? Did jobs in the industry suddenly dry up? Or is there something nefarious at work here?”
That question can be extraordinarily difficult to unravel, given the ways in which whisper networks inform hiring decisions in media. “The key decision-makers all attend the same conferences, expos, and after-hour parties. People talk, network, and gossip, and Google, of course, never forgets. This can predispose your industry’s gatekeepers to perceive litigants as potential risks,” said Scott Pinsker, a branding and marketing expert. “It would be awful if one of the unintended consequences of the ‘Me Too’ movement is that employers are now so paranoid of being sued, they’re quietly blackballing the victims who had the strength and courage to stand up for themselves. I hope that’s not the case, but common sense says otherwise.”
According to Dr. Caren Goldberg, an associate professor of management at Bowie State University and expert witness on sexual harassment, sexual harassment litigants should be prepared for career backlash. “Unfortunately, the reality is when victims are believed there is still eyebrow-raising. Prospective employers do not usually tell prospective employees why they don’t get hired. The underlying issue could be that she or he is perceived as a litigator or a troublemaker. Research on what happens to complainants is they are going to be seen as someone who upsets the natural flow,” explained Dr. Goldberg. “If the lawsuit is public knowledge it’s even less favorable for the victim.”
Still, Dr. Goldberg remains hopeful that the #MeToo movement will be impactful in the future. “As far as the ‘Me Too’ effect is concerned, we haven’t seen a full cycle. Part of me is optimistic that these things take time. The more pessimistic realist in me thinks a lot of decision-making is made by men,” she said. “They may wonder, ‘what if she sues the organization or sues me?’”
The hard truth is that while society purports to celebrate bold women, especially in the current moment, there are still massive downsides to speaking out. “Women who settle meritorious sexual harassment cases, sign non-disclosure and non-disparagement agreements, and try to move on with their lives should not assume that it will be easy to find another job in their chosen field,” said Hyman. “Their careers will likely be put on hold indefinitely and may well be permanently sabotaged,” Hyman added. “If that all-too-common scenario doesn’t change—and change quickly—blacklisting could become the next legal battleground.”
The former network anchor, who believes she has been blacklisted after filing a sexual harassment lawsuit, offered advice to women who are considering suing their company. “Tread carefully and make sure you are ready to face the fallout of being a whistleblower, with consequences that could include being labeled a troublemaker and a liar,” she told me. “Most importantly, don’t join a company that has a poor track record in dealing with sexual harassment complaints.”
It’s easy to forget, among headlines about $20 million settlements, that the vast majority of women who sue their employers aren’t trading lucrative careers for lucrative payouts. On the contrary: “The people who say we went for money . . . I made money working,” the former network anchor told me. “Getting a settlement, paying a fortune to lawyers and taxes, left me with nothing. And now many of us can’t get jobs again in TV. So how did that help us? How are we benefiting? We aren’t.”
As a society, we have a long way to go in order for women to feel safe speaking up about unlawful practices at work. The only way to move forward is to not shun the women in media who have sued for sexual harassment. Employ these women. Give them back their careers. Otherwise, all of the talk about empowering women to use their voices is just a glossy publicity campaign.
“I refuse to let my legacy be this lawsuit. The years of hard work, sacrifice, dedication to journalism, which it took to get to one of the top news networks in the country, is one of the reasons why I put up with the toxic environment,” another woman who settled a sexual harassment lawsuit against a television network told me, expressing her frustration. “Sadly, even today it is still almost guaranteed you will lose everything you have worked for, your future, how you provide for those you love in the present, and your reputation will be shredded if you decide to fight.”
