John Fawcett, who works on the Kudlow show hosted by Larry Kudlow on Fox Business Network, is suing the network claiming he was sexually harassed by Napolitano who he claims stroked his arm and made suggestive comments while they were riding the elevator together.
Fawcett also claims in his lawsuit, filed in state Supreme Court in Manhattan, that 'sexual harassment, sex discrimination, and racial discrimination are still tolerated at Fox.'
Monday, Napolitano was fired in the wake of the allegations going public.
Fox News confirmed they'd let him go after an internal investigation.
'Upon first learning of John Fawcett's allegations against Judge Andrew Napolitano, Fox News Media immediately investigated the claims and addressed the matter with both parties,' the networks said in a statement.
'The network and Judge Napolitano have since parted ways.’
Fawcett revealed he was in an elevator with Fox personality Napolitano later that year when Napolitano stroked his arm and made suggestive comments.
'Even though the two had never met previously, Judge Napolitano stood awkwardly close to the plaintiff, started stroking his arm, and asked who the plaintiff worked for,' the lawsuit states.
'You see these hands? They look clean, but they get really dirty,' Judge Napolitano is alleged to have told Fawcett in a suggestive manner.
Napolitano went on to invite Fawcett to his Manhattan apartment or New Jersey farm. Fawcett 'politely excused himself.'
'It was common knowledge that Judge Napolitano sexually harassed young men at Fox News, and it had even happened to one of the plaintiff's co-workers. The plaintiff did not initially report the incident to human resources, however, because he did not want to jeopardize his career at Fox, but he did tell Mr. Dobbs.'
Fawcett told Dobbs who in turn reported allegations to Fox's chief human resources officer, Kevin Lord, who is alleged to have responded dismissively: 'Well, what are you going to do about it?'
Fawcett insists the network did nothing to intervene despite there being two similar outstanding lawsuits against Napolitano.
Fawcett also said that while working at Kudlow's show he has heard Kudlow use slurs and make sexually inappropriate remarks 'in front of multiple staffers,' including himself and a senior vice president, with no recrimination.
Fox has dismissed Fawcett's other allegations as 'nothing more than a desperate attempt at a payday'.
Fawcett claims in his lawsuit that inappropriate comments by Kudlow included him expressing a desire to have a 'three-way' with a Fox anchor.
During a phone conference, Kudlow is alleged to have remarked, 'Why don't we just let the Mexicans in?' before suggesting 'we' need more 'jalapeño pickers.'
‘I don't want the black on the show,' Kudlow is detailed in court documents as having said of Rep. Byron Donalds (R-FL).
'Whatever happens on this phone call stays on this phone call,” the senior vice president of programming at Fox Business who was on the call at the time, Gary Schreier, allegedly said.