Fox Information is asking a federal choose to toss out a former Capitol Hill reporter’s declare that he was fired after complaining in regards to the community’s protection of the aftermath of he 2020 presidential election and the assault on the Capitol on Jan. 6, 2021.
In a lawsuit filed final month, Jason Donner alleged that he was fired after complaining, in writing, to Fox Information’ human sources division and to his supervisor, NuNu Japaridze. He additionally alleged that he was terminated for calling in sick, in violation of a District of Columbia sick go away legislation.
“As soon as the inflammatory rhetoric is stripped out of the Criticism, it’s obvious that Plaintiff Jason Donner has no actionable claims towards his former employer,” Fox Information attorneys wrote in a movement to dismiss.
They contend that Donner’s declare that the corporate violated a provision of the D.C. human rights legislation that prohibits discrimination based mostly on political affiliation doesn’t apply on this case.
“On the contrary, accepting for functions of this movement that all the things alleged within the Criticism is true (which it’s not), Plaintiff has alleged, at most, that he was terminated because of his private disagreement with how FNN approached its information protection,” the attorneys wrote.
D.C.’s human rights legislation does “not shield staff of stories media organizations based mostly on their variations of opinion over reporting and commentary on issues of public concern,” they wrote, and the legislation itself extends solely “to the standing of membership in or endorsement of a political celebration.”
Donner was terminated on Sept. 28, 2022 and was given two causes, that he was late to work and didn’t present as much as work. His lawsuit said that he had known as in sick two days earlier, as he was experiencing the after-effects of the Covid vaccine.
“Nonetheless, the one particular communication regarding his absence that he identifies was on the subsequent day, September 27, 2022, when [his supervisor] Ms. Japaridze was compelled to name him for a proof,” the Fox Information attorneys wrote. “Plaintiff concedes that in that decision, his supervisor believed he was “irresponsible” in the best way he dealt with the problem.”
Fox’s attorneys additionally contend that Donner did not adjust to the discover provisions of the D.C. sick go away legislation. They wrote that Donner was not denied sick go away, and that, earlier in 2022, he had been allowed to go on medical go away “with out incident.”
Donner “completely ignores that he was given a number of causes for his termination, together with that he had been late to work. Plaintiff, nonetheless, doesn’t allege that he was late to work in reference to protected sick go away.”
In his lawsuit, Donner’s attorneys wrote that in August, 2022, he met with HR for greater than two hours over Zoom, and “complained in regards to the false reporting by Tucker Carlson and the poisonous surroundings
it breeds at Fox Information, in addition to the dearth of assist from the community for reporters.”
Donner’s attorneys declare that his firing was a pretext based mostly on his political beliefs and affiliation, and since he refused to report false details about the 2020 election and about January sixth.
They wrote that when he was informed he was fired “as a result of he was late for work and didn’t present up for work,” he requested for examples and D.C. bureau chief [D.C. bureau chief Bryan] Boughton mentioned, “‘we don’t want any.’”
“In the end, Fox Information needed to purge the information division of any employees that might not get in step with the directive to solely report data that appease the Trump supporters and former President Trump,” Donner’s lawsuit claimed.
Donner now works as senior adviser to Rep. Brian Fitzpatrick (R-PA).
His lawsuit claimed wrongful termination, in addition to discrimination and retaliation beneath the D.C. Human Rights Act. The lawsuit was filed in D.C. Superior Court docket, however Fox Information eliminated it to U.S. District Court docket.
The lawsuit seeks unspecified compensatory and punitive damages in addition to different aid.
