Mackris v. O’Reilly Libretto
1 Grand Intro
Supreme Court of the State of New York, County
of New York
Andrea Mackris, Plaintiff, against Bill O’Reilly, News Corporation,
Fox News Channel, Twentieth Century Fox Film Corp., and Westwood One,
Inc., Defendants
Verified Complaint, Index No.: 04114558
Filed October 13, 2004, New York County Clerk’s Office
2 Chorale #1
Allegations of Quid Pro Quo Sexual Harassment and a
Sexually Hostile Work Environment
3 Recitative
24. Throughout her employment at Defendants Fox,
commencing approximately May 2002 through January 2004, and commencing
again approximately July 6, 2004 through the present, Plaintiff Andrea
Mackris has been subjected to quid pro quo sexual harassment at the hands
of her immediate supervisor, Defendant Bill O’Reilly, and a sexually
hostile work environment, perpetrated by Defendant Bill O’Reilly,
and other supervisors, managers, officers, employees and /or agents of
Defendants Fox.
4 Recitative
25. Throughout her employment at Defendant Westwood
One, commencing approximately July 6, 2004 through the present, Plaintiff
Andrea Mackris has been subjected to quid pro quo sexual harassment at
the hand of her immediate supervisor, Defendant Bill O’Reilly, and
a sexually hostile work environment, perpetrated by Defendant Bill O’Reilly,
and other supervisors, managers, officers, employees and /or agents of
Defendants Westwood One.
5 Chorus
26. Within Defendants Fox and Westwood One, a
permissive and encouraging environment for gender discrimination and sexual
harassment reigns among supervisors, managers and employees of the companies.
27. During the period from approximately May 2002 through January
2004, and commencing again approximately July 6, 2004 through the present,
extending prior to and subsequent to those dates, Defendants Bill O’Reilly
and Fox, its employees, managers, directors, officers and agents harassed
and intmidated Plaintiff, and created and maintained a virulently hostile
work environment through explicit, rampant, pervasive and continued sex
discrimination and sexual harassment against Plaintiff Andrea Mackris
and other female employees that was so offensive and severe that it detrimentally
altered the terms and conditions of Plaintiff’s employment.
6 Recitative
28. During the period from approximately July
6, 2004 through the present, extending prior to and subsequent to those
dates, Defendants Bill O’Reilly and Westwood One, its employees,
managers, directors, officers and agents harassed and intmidated Plaintiff,
and created and maintained a virulently hostile work environment through
explicit, rampant, pervasive and continued sex discrimination and sexual
harassment against Plaintiff Andrea Mackris and other female employees
that was so offensive and severe that it detrimentally altered the terms
and conditions of Plaintiff’s employment.
7 Chorale #2
29. Throughout her employment on “The O’Reilly
Factor,” Plaintiff Andrea Mackris has found her work challenging
and engaging. Indeed, her career as an associate Produce at Fox
and a staff member at Westwood One has involved precisely the type of
work that she studied and prepared for her entire adult life.
8 Aria
30. However, throughout her employment on “The
O’Reilly Factor,” Plaintiff Andrea Mackris has been subjected
to the mercurial and unpredictable mood swings of her boss, Defendant
Bill O’Reilly, a personality who can be paternal and engaging at
one instant, tyrannical and menacing the next.
9 Motet
31. Commencing approximately May 2002 through
January 2004, and commencing again approximately July 6, 2004 through
the present, Plaintiff Andrea Mackris was sexually harassed by her immediate
supervisor, Defendant Bill O’Reilly.
10 Dirge
32. On or about May 1, 2002, Plaintiff Andrea
Mackris informed Vice President Bill Shine of the break-up of her long-term
relationship with her fiancé. During the course of that conversation,
Plaintiff informed Mr. Shine that she would no longer be able to afford
to work at Defendants Fox on her approximately $56,000 salary.
11 Chorale #3
33. Shortly thereafter, in or about early May
2002, Plaintiff’s supervisor, Defendant Bill O’Reilly, invited
Plaintiff Andrea Mackris out to dinner, purportedly to discuss her future
at Fox. During the course of their conversation, Defendant Bill
O’Reilly praised Plaintiff’s skill as a booker, told Plaintiff
he could not afford to lose her from his production team, and promptly
raised her salary to $65,000.
14 Recitatives and Arias
34. During the course of this dinner in approximately
early May 2002, Plaintiff’s supervisor, Defendant Bill O’Reilly,
lavished Plaintiff Andrea Mackris with unsolicited advice regarding her
handling of future relationships with members of the opposite sex.
Defendant Bill O’Reilly advised Plaintiff to avoid future contact
with her ex-fiancé, to have manicures and pedicures and “pick
up 23-year-old men in bars,” to attend charity events and meet men
with credentials, and to otherwise spend the next year doing what she
felt like doing, without thinking twice about the consequences.
Defendant Bill O’Reilly then suggested that at the end of the year,
they’d discuss promoting Plaintiff to a producer position for “The
O’Reilly Factor.”
35. After these words during the course of their dinner in early
May 2002, Defendant Bill O’Reilly’s demeanor abruptly changed.
O’Reilly’s eyes became glazed and bizarrely strayed in opposite
directions. Suddenly, without provocation or warning, Defendant
Bill O’Reilly said to Plaintiff Andrea Mackris: “And just
use your vibrator to blow off steam.” When Plaintiff reddened, Defendant
Bill O’Reilly asked lewdly: “What, you’ve got a vibrator,
don’t you? Every girl does.” When Plaintiff responded
indignantly, “No and no, they don’t. Does your wife?”
Defendant replied: “Yes, in fact she does. She’d kill
me if she knew I was telling you!” Plaintiff was repulsed.
15 Chorale #4
36. During the course of their dinner in early
May 2002, Defendant Bill O’Reilly proceeded without solicitation
or invite, to inform Plaintiff Andrea Mackris that he had advised another
woman to purchase a vibrator, and had taught that woman how to masturbate
while telling her sexual stories over the telephone. O’Reilly
told Plaintiff Andrea Mackris she knew the woman from Fox. Defendant
O’Reilly then boasted that the woman had her first orgasm via masturbation
as he spoke to her on the telephone.
16 Recitative
37. When Plaintiff responded that she never engaged
in phone sex, Defendant Bill O’Reilly professed disbelief, and told
her that the sexual stories he told were all based upon his own experiences,
such as when he received a massage in a cabana in Bali and the “little
short brown woman” asked to see his penis and was “amazed.”
Defendant Bill O’Reilly then suggested that he tell Plaintiff the
same sexual stories, which he knew she would “just love.”
Shocked and embarrassed, Plaintiff Andrea Mackris informed Defendant in
no uncertain terms that she was neither experienced in nor interested
in gaining experience in telephone sex. Defendant expressed disbelief.
38. As they left the restaurant next to Defendant’s
hotel, Plaintiff Andrea Mackris thanked her boss for the dinner and the
raise. Defendant Bill O’Reilly responded suggestively: “Stick
with me and I’ll take care of you,” winked, and walked into
his hotel.
17 Chorus
39. On or about March 9-13, 2003, Defendant Bill
O’Reilly, Plaintiff Andrea Mackris and other Fox employees traveled
with “The O’Reilly Factor” to tape in Los Angeles.
At approximately 10:30 p.m. one of those eveninings, O’Reilly called
Plaintiff on her cell phone. Plaintiff was at dinner with a woman
friend from college. Defendant was flirtatious, repeatedly asking
Plaintiff what she and her friend were wearing.
40. Later during that week, on or about March 9-13, 2003, Defendant
Bill O’Reilly joined Plaintiff Andrea Mackris and other staff members
at the Peninsula Hotel for cocktails. Plaintiff Andrea Mackris’
college friend was with her. O’Reilly approached the two and
commented: “University of Missouri… Boy, I would’ve
had fun with you two” and alluded to having a ménage a trois
with Plaintiff and her friend.
18 Variations #1
41. On or about May 2003, Defendant Bill O’Reilly
took Plaintiff Andrea Mackris and her college friend to dinner at Da Silvano’s.
During the course of the dinner, O’Reilly repeatedly propositioned
the women, singing the praises of telephone sex, offering to telephone
them both, and suggesting that the three of them “go to a hotel
together and have the time of [our] lives.” O’Reilly
further suggested that the women needed to be trained so they’d
be equipped and ready to go when a “real man shows up in your lives,”
and offered “lessons.” O’Reilly further suggested they
use their sexuality to their advantage so they’d have power over
men, otherwise men would have power over them. Plaintiff was extremely
embarrassed and protested: “Bill, you’re my boss!”
42. During the course of this dinner, in approximately May 2003,
Defendant Bill O’Reilly, without solicitation or invite, regaled
Plaintiff and her friend with stories concerning the loss of his virginity
to a girl in a car at JFK, two “really wild” Scandinavian
airline stewardesses he had gotten together with, and a “girl”
at a sex show in Thailand who had shown him things in a backroom that
“blew [his] mind.” Defendant then stated he was going
to Italy to meet the Pope, that his pregnant wife was staying at home
with his daughter, and implied he was looking forward to some extra-marital
dalliances with the “hot” Italian women. Both Plaintiff
and her friend were repulsed, but felt powerless to protest strongly since
Defendant was Plaintiff’s boss and a powerful man Fox. Defendant
finally stopped after noting: “Mackris can’t handle it.”
19 Double Motet
43. On or about September 2003, Defendant Bill
O’Reilly asked Plaintiff Andrea Mackris to dinner at an Italian
restaurant around the corner from Fox, purportedly to discuss business.
During the course of the dinner, Defendant once again raised the specter
of telephone sex, repeatedly professing disbelief that Plaintiff had never
engaged in telephone sex. Defendant O’Reilly repeatedly begged
Plaintiff to have telephone sex with him that night. Plaintiff refused.
44. In approximately early December 2003, Defendant Bill O’Reilly
noted that Plaintiff Andrea Mackris had endured a hard day at work, and
took her to dinner at the Italian restaurant around the corner.
Plaintiff informed Defendant that CNN had been recruiting her for a position.
Defendant attempted to persuade Plaintiff not to leave Fox.
45. During that same dinner in approximately December 2003, Defendant
Bill O’Reilly once again tried to convince Plaintiff Andrea Mackris
to engage in telephone sex with him. Plaintiff again adamantly refused,
becoming extremely embarrassed and reminding O’Reilly that he was
her boss.
46. During the course of this dinner, Defendant Bill O’Reilly
bragged that he had telephone sex with other young women.
47. On or about January 2004, Plaintiff Andrea Mackris left Defendants
Fox and “The O’Reilly Factor” for a position with CNN.
48. On or about mid-February 2004, Defendant Bill O’Reilly
announced to the staff of his show that by leaving “The O’Reilly
Factor” for CNN, Plaintiff Andrea Mackris had committed “career
suicide.”
49. On or about early March 2004, Defendant Bill O’Reilly
telephoned Plaintiff Andrea Mackris and promised, “If anything bad
happens to you at CNN, I’ll get you a job.”
50. On or about March 16, 2004, Defendant Bill O’Reilly telephoned
Plaintiff at home, purportedly with advice as to how to handle office
politics at CNN.
51. On or about March 21, 2004, Defendant Bill O’Reilly telephoned
Plaintiff Andrea Mackris at home.
52. On or about early April 2004, Defendant Bill O’Reilly
left a message on Plaintiff’s answering machine at home after her
boss at CNN was terminated for sexual harassment, purportedly to determine
if anything untoward was directed toward her. O’Reilly suggested
they go to dinner to discuss her future, as Plaintiff had previously expressed
unhappiness with her position at CNN.
53. On or about early April 2004, Defendant Bill O’Reilly
telephoned Plaintiff at home. Plaintiff Andrea Mackris then told
Defendant that she would only have dinner with him if the talk was professional.
Defendant Bill O’Reilly agreed.
20 Recitative & Aria Galliard
54. On or about April 13, 2004, during dinner
at Milos, Plaintiff Andrea Mackris again told Defendant Bill O’Reilly
that she would return to work on “The O’Reilly Factor”
only if he no longer engaged in inappropriate conduct. Defendant
agreed: “Of course, because then you’d be working for me and
I’d have power over you, so that couldn’t happen; that wouldn’t
be fair.” When Plaintiff reminded Defendant that he had done
the same thing to other women who worked on “The O’Reilly
Factor,” and that he should be careful or they might tell someone,
O’Reilly vehemently threatened with words to the effect:
“If any woman ever breathed a word I’ll make her pay so dearly
that she’ll wish she’d never been born. I’ll rake
her through the mud, bring up things in her life and make her so miserable
that she’ll be destroyed. And besides, she wouldn’t
be able to afford the lawyers I can or endure it financially as I can.
And nobody would believe her. It’d be her word against mine,
and who are they going to believe, me or some unstable woman making outrageous
accusations? They’d see her as some psycho someone unstable.
Besides, I’d never make the mistake of picking unstable, crazy girls
like that.”
55. During the course of this conversation, Defendant Bill O’Reilly
further sternly warned, to the effect:
“If you cross Fox News Channel, it’s not just me, it’s
Roger Ailes who will go after you. I’m the street guy out
front making loud noises about the issues, but Ailes operates behind the
scenes, strategizes and makes things happen so that one day – BAM!
– the person gets what’s coming to them but never sees it
coming. Look at Al Franken. One day he’s going to get
a knock on his door and life as he’s known it will change forever.
That day will happen, trust me.
56. During the course of this conversation, Defendant Bill O’Reilly
bizarrely rambled further about Al Franken: “Ailes knows very powerful
people and this goes all the way to the top.” Plaintiff queried:
“To the top of what?” Defendant responded: “Top of the
country. Just look at who’s on the cover of his book –
Bush and Cheney. They’re watching him and will be for years.
Al Franken’s finished, and he’s going to be sorry he ever
took Fox News Channel on.” Plaintiff found O’Reilly’s
paranoid rambling both strange and alarming.
21 Chorus
57. On or about April 13, 2004, during dinner,
Defendant Bill O’Reilly and Plaintiff Andrea Mackris discussed the
possibility of her returning to Defendants Fox and working on “The
O’Reilly Factor.”
58. At the conclusion of their dinner on April 13, 2004, Defendant
Bill O’Reilly asked Plaintiff Andrea Mackris to come watch the President’s
press conference on the television in his hotel room. They watched
the press conference without incident. Plaintiff ridiculed President
Bush, O’Reilly laughed and decided which highlight he would focus
upon during his show the next day.
22 Chorale & Fugue
59. On or about June 4, 2004, following the departure
of yet another female producer from “The O’Reilly Factor,”
Defendant Bill O’Reilly and Plaintiff Andrea Mackris again discussed
the possibility of her returning to Fox to work on the show. Plaintiff
stated she would be willing to return to Fox if Fox matched her salary
at CNN.
60. On or about June 7, 2004, Defendant Bill O’Reilly telephoned
Plaintiff Andrea Mackris and offered her her former position at the same
salary she was earning at CNN. Plaintiff accepted the offer and
thanked him. Defendant Bill O’Reilly told Plaintiff: “You
can thank me by taking me out to dinner.”
61. On or about June 8, 2004, Defendant Bill O’Reilly confessed
to Plaintiff Andrea Mackris that Roger Ailes had refused to match her
salary at CNN and that Defendants Fox would only pay her former salary
of $73,000. However, Defendant Bill O’Reilly assured Plaintiff
that he would also pay her to serve as a staff member of his radio show,
distributed by Defendant Westwood One, to make up the difference.
62. On or about July 6, 2004, Plaintiff Andrea Mackris returned
to her position as associate producer of “The O’Reilly Factor”
at the Fox News Channel, and simultaneously commenced her position as
a staff member of “The O’Reilly Factor” for Defendant
Westwood One.
63. Upon her return to Defendants Fox, Plaintiff expressed her interest
in covering one or both of the political conventions to Defendant Bill
O’Reilly. O’Reilly indicated it was too late for her
to be given those assignments.
64. Throughout July and August 2004, Defendant Bill O’Reilly
repeatedly reminded Plaintiff that she “owed” him dinner.
23 Madrigal #1
65. On or about August 2, 2004, Defendant Bill
O’Reilly telephoned Plaintiff Andrea Mackris at her home after interviewing
two porn stars on “The O’Reilly Factor.” Apparently,
O’Reilly was “excited” from the show. With little
preamble, Defendant Bill O’Reilly launched into a vile and degrading
monologue about sex.
66. During the course of O’Reilly’s telephone monologue
on August 2, 2004, he suggested that Plaintiff Andrea Mackris purchase
a vibrator and name it, and that he had one “shaped like a cock
with a little battery in it” that a woman had given him. It
became apparent that Defendant was masturbating as he spoke. After
he climaxed, Defendant O’Reilly said to Plaintiff: “I appreciate
the fun phone call. You can have fun tonight. I’ll appreciate
it. I mean it.” Plaintiff felt as if the floor had fallen
out from beneath her. She was shocked, frightened and upset.
She felt trapped.
24 Variations #2
67. On or about August 15, 2004, Defendant Bill
O’Reilly telephoned Plaintiff Andrea Mackris at her home.
Plaintiff did not answer.
68. At approximately 10:20 p.m. on or about August 17, 2004, Defendant
Bill O’Reilly called Plaintiff’s home phone and left a message
on her answering machine asking that she return his call on his cell phone.
69. On or about August 18, 2004, concerned that his call was work-related,
Plaintiff Andrea Mackris returned her boss’ telephone call and left
a message that she was returning his call.
70. At approximately 9:25 p.m. on or about August 19, 2004, Defendant
Bill O’Reilly telephoned Plaintiff Andrea Mackris again at home.
Again, Plaintiff decided not to answer the phone, Defendant left
a message indicating that he would like to go out for the dinner “owed”
him on August 24, 2004.
25 Variations #3
71. On or about August 24, 2004, Defendant Bill
O’Reilly and Plaintiff Andrea Mackris went to dinner at Periyal.
O’Reilly informed Plaintiff that both he and “The O’Reilly
Factor” were really hurt when she left Defendants Fox for CNN, that
it’s made a big difference to have her back, that “the second
floor” (alluding to Fox management) liked her and that: “You
have a bright career ahead of you.”
72. During the course of this conversation, on or about August 24,
2004, Defendant Bill O’Reilly again started talking about sex and
suggested that if he had a hotel room that night he would have invited
her up. Defendant further suggested that Plaintiff Andrea Mackris
purchase a vibrator. When Plaintiff became embarrassed and told
him that she was not interested, O’Reilly again suggested: “We
should do it together. I could coach you through it.” Plaintiff
declined.
73. During the course of this conversation, on or about August 24,
2004, Defendant Bill O’Reilly further indicated that “the
second floor” considered a woman producer to be “psychotic”
and that she was “as far as she’ll ever go at Fox.”
26 Chorale #6
74. On or about August 26, 2004, within two days
of their dinner, Plaintiff Andrea Mackris learned that she had been assigned
to attend the Republican National Convention, and that she was the only
staffer attending the convention with full access passes to the booth
and floor.
75. On or about August 26, 2004, within two days of their dinner,
Plaintiff Andrea Mackris learned that she would be interviewing Senator
Hillary Clinton on August 29, 2004 for “The O’Reilly Factor.”
27 Recitative & Aria
76. At approximately 11:06 p.m. on or about September
1, 2004, during the course of the Republican National Convention, Defendant
Bill O’Reilly telephoned Plaintiff Andrea Mackris on her cell phone
and asked that she call. Plaintiff believed that the call would
be work-related, and returned the call. Instead, Defendant Bill
O’Reilly once again launched into a lewd and lascivious, unsolicited
and disturbing sexually-graphic talk.
77. Despite informing him that she was not at all interested in
the conversation, and despite her adamant refusal to participate in such
talk, Defendant O’Reilly informed Plaintiff Andrea Mackris that
he was watching a porn movie and babbled perversely regarding his fantasies
concerning Caribbean vacations because, purportedly:
“Once people get into that hot weather they shed their inhibitions.
You know, they drink during the day; they lay there all lazy. They
have dinner and then they come back and fool around. That’s basically
the modus operandi.”
78. During the course of his monologue, Defendant O’Reilly
further stated:
“Well, if I took you down there then I’d want to take a shower
with you right away. That would be the first thing I’d do.
Yeah, we’d check into the room, and we would order up some room
service and, uh, and you’d definitely get two wines into you as
quickly as I could get into you I would get ‘em into you.
Maybe intravenously, get those glasses of wine into you.
“You would basically be in the shower and then I would come in and
I’d join you, and you would have your back to me and I would take
that little loofa thing and kinda soap up your back. Rub it all
over you; get you to relax; hot water and, um, you know, you’d feel
the tension drain out of you and, uh, you still would be with your back
to me, then I would kinda put my arm – it’s one of those mitts,
those loofa mitts you know, so I got my hands in it – and I would
put it around front, kinda rub your tummy a little bit with it, and then
with my other hand I would start to massage your boobs, get your nipples
really hard, cuz I like that and you have really spectacular boobs.
“So anyway, I’d be rubbing your big boobs and getting your
nipples really hard, kinda kissing your neck from behind, and then I would
take the other hand with the falafel thing and I’d put it on your
pussy, but you’d have to do it really light, just kind of a tease
business.”
Plaintiff Andrea Mackris was frightened and disturbed.
79. During the course of this monologue, Defendant Bill O’Reilly
suggested that he would perform oral sex upon Plaintiff Andrea Mackris,
and that she would start to perform fellatio upon his “big cock”
but not complete the sex act: “you’d tease me, like you wouldn’t
really do it; you’d just like – cuz I know you. You’re
like a tease.”
28 Madrigal #2
80. During the course of his perverted ravings,
Defendant Bill O’Reilly told Plaintiff that they would then engage
in sexual intercourse. When Plaintiff Andrea Mackris again reminded
Defendant O’Reilly that she did not want to participate, reminding
him that he was her boss. O’Reilly responded: “You just
have to suspend that.”
81. During the course of Defendant Bill O’Reilly’s sexual
rant, it became clear that he was using a vibrator upon himself and that
he ejaculated. Plaintiff was repulsed.
29 Recitative & Song
82. Immediately after climaxing, Defendant Bill
O’Reilly launched into a discussion concerning how good he was during
a recent appearance on The Tonight Show with Jay Leno.
“It was funny. They used a big clip of me. Right after
Brokaw, and Brokaw was absolutely the most unfunny guy in the world, and
the audience got a big charge out of my… It was good.”
83. After climaxing, Defendant Bill O’Reilly again boasted
that none of the women he’d engaged in sexual relations with would
ever tell:
“Nobody’d believe ‘em. They wouldn’t tell
anyway. I can’t imagine any of them ever doing that cuz I
always made friends with women before I bedded them down.”
84. Defendant Bill O’Reilly concluded stating:
“You know, Mackris, in these days of your celibacy and your hibernation,
this is good for you to have a little fantasy outlet. You know,
just to keep it tuned, keep that sensuality tuned until, you know, Mr.
Right comes along and then you can put him in traction. I’m
telling you this for your mental health.”
30 Chorale #7
85. On or about September 21, 2004, Defendant
Bill O’Reilly telephoned Plaintiff Andrea Mackris and, once again,
without invitation or solicitation, launched into yet another disgusting,
lewd and disturbing monologue concerning his sexual fantasies with her
until he climaxed. During the course of this call, O’Reilly
said to Plaintiff: “Next time, you’ll come up to my hotel
and we’ll make this happen.” Plaintiff felt frightened and
threatened.
31 Grand Finale
O’Reilly countersued on October 13, 2004, alleging
extortion. The charges were bandied about in the press for more
than the next two weeks. Then on October 29, 2004, O’Reilly
announced the following on the evening broadcast of “The O’Reilly
Factor:”
“Hi, I’m Bill O’Reilly, thanks for watching us tonight.
Before we get to the talking points memo I have something very important
to tell you.
”All litigation has ceased in that case that has made me the object
of media scorn from coast to coast. Today lawyers issued a statement
saying there was no wrongdoing in the case what-so-ever by anyone. Obviously
the words “no wrongdoing” are the key.
”On a personal note, this matter has caused enormous pain; but I
had to protect my family and I did. Some of the media hammered me relentlessly
because, as you know, I am a huge target as is FOX News. All I can say
to you is please do not believe everything you hear and read.
”The good news is that Factor viewers and listeners seem to have
given me the benefit of any doubt when some in the media did not. You
guys looked out for me and I will never forget it.
”This brutal ordeal is now officially over, and I will never speak
of it again.”
