Fox News appears to be in hot water.

Sept. 16 2026, Published 7:45 p.m. ET

Fox News must continue fighting a former employee's sexual assault case after a federal judge refused to throw out a key claim that could leave the network liable for an alleged attack by one of its producers, RadarOnline.com can reveal.

U.S. District Judge Analisa Torres ruled that Fox News Network cannot escape Andrew Delancey's claim under the New York City Human Rights Law, finding a jury could determine whether Executive Producer Justin Wells exercised enough authority over Delancey to make the network responsible for his alleged conduct.

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Executive Producer Justin Wells regularly assigned Andrew Delancey work at Fox News, according to court records.

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According to court documents obtained by Radar, Delancey worked for Fox News from 2008 to 2010 as a regional producer for Fox News Edge, while Wells worked as a producer on On the Record with Greta Van Susteren.

Delancey testified Wells regularly bypassed Fox's assignment desk and gave him work directly, a couple of times a week. Those assignments were allegedly time-sensitive, required immediate turnaround, and took priority over his other duties.

The alleged assault occurred in October 2008, roughly one month after Delancey began working at Fox News.

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Wells worked as a producer on 'On the Record' with Greta Van Susteren in 2008.

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According to Delancey's testimony, Wells invited him to drinks at Barracuda Lounge in Chelsea with other Fox employees. Wells allegedly told him it would be "a good thing" to get to know his colleagues and could "benefit" him. Wells then invited Delancey to his apartment for a drink before the group outing.

Delancey alleges that once inside, Wells threw him onto a bed and kissed him before later grabbing him again near the building's rooftop, attempting to pull down his pants and trying to kiss him.

Delancey testified he told Wells he was not interested, after which Wells' mood allegedly changed and the planned night out was canceled. Wells testified during his deposition that he largely did not remember the events. The judge emphasized that the allegations were being recounted from evidence in the record and were not factual findings.

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Delancey said he feared being labeled a 'problem' at Fox.

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The next day, Delancey said he told a coworker he had been sexually assaulted by someone "higher up" at Fox, but he did not report the allegation to human resources or his direct manager because he feared being labeled a "problem." He testified that his manager had repeatedly discouraged him from going to HR.

Delancey further claimed that after the alleged encounter, his career opportunities suddenly "dried up" and he felt there was a "chill over" him at the network, although he was later promoted and received two modest pay increases before resigning in 2010.

Fox argued the alleged assault occurred during an off-duty interaction away from the workplace and therefore should not make the network liable.

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Wells later became senior executive producer of 'Tucker Carlson Tonight.'

Judge Torres disagreed that the issue could be decided as a matter of law, finding that a jury could reasonably conclude the drinks were connected to Fox's workplace culture and that Wells' invitation amounted to a business-related social event.

Fox did score a partial victory, with the judge dismissing Delancey's separate New York State Human Rights Law claim and other liability theories.

But the central NYC claim survives, leaving a jury to decide whether Wells exercised supervisory authority over Delancey and whether Fox can be held responsible for the alleged misconduct.