On Friday (July 12), U.S. District Judge LaShann DeArcy Hall dismissed a New York state trooper’s retaliation claim portion of a lawsuit against former New York Governor Andrew Cuomo while keeping the sexual harassment claim against him untouched. The basis of her ruling was that the alleged retaliatory action had... Read More »
NY Governor Cuomo, Facing Numerous Criminal Investigations, May Face Civil Lawsuits Next by Accusers
The spectacular free-fall of the governor recently hailed as a hero during the pandemic continues to reach new lows. Gov. Andrew M. Cuomo, a Democrat serving his third term, is under criminal investigation in five separate New York counties and the state of New York. He is facing charges he violated state and federal laws by sexually harassing women in his employ.
The report shows the governor harassed eleven women in total, including nine staff members. Based upon the investigation and numerous allegations, President Joe Biden weighed in, saying, "I think he should resign.”
Some of the allegations from the eleven accusers include Cuomo inappropriately and without agreement grabbing buttocks, grabbing breasts, groping under a shirt, and in the case of a New York State Trooper, fondling.
New York Attorney General Letitia James and Albany County prosecutor David Soares released a new report about Governor Cuomo on Tuesday.
James said the Governor “fostered a toxic workplace” and “sexually harassed current and former state employees in violation of both federal and state laws” in a workplace environment that was a “climate of fear.”
During the months-long investigation, James’ office reviewed more than 74,000 documents and interviewed 179 people.
Ironically, Governor Cuomo violated one of his own laws about gender-based harassment in the work environment in New York. This legal requirement clearly states a woman must only show she was treated less well than her male counterparts, making it easier for a civil lawsuit to be successful in court.
Cuomo is accused of multiple instances of sexual harassment against decades-younger female members of his staff. The new law signed by Cuomo has standards that even a one-time incident can be the subject of a lawsuit in New York.
Prosecutor Soares released a post-report statement, saying his office is investigating Cuomo’s behavior. The statement said Soares’ office is now requesting materials from the Attorney General’s office and also asked any victims to contact them.
Simultaneous with the state finding violations of state and federal civil rights laws, Governor Cuomo and the State of New York are exposed to possibly large liabilities for money damages brought on by potential lawsuits from some or all of the eleven known accusers.
Governor Cuomo denies any wrongdoing. Attorney for Cuomo Rita Glavin also released a statement after the damming report was issued on Tuesday.
In the statement, Glavin said, “Regrettably, as the findings in the report show, the investigators have directed an utterly biased investigation and willfully ignored evidence inconsistent with the narrative they have sought to weave.”
In the workplace, sexual harassment remains a difficult charge to prove. Because the charges of touching a staff member’s breast or other inappropriate touching are hard to prove beyond a reasonable doubt, cases such as Cuomo’s are not often proved in criminal court.
However, these official charges open up the door to the very real possibility of numerous charges being filed in New York State civil courts, which would make Cuomo individually liable for damages.
Since Cuomo was accused of creating a “hostile work environment” in the report, a violation of both federal and state civil law, his accuses can file civil complaints.
Under New York State law, both individuals and employers can be held responsible in civil court for a “hostile work environment,” as Cuomo’s offices are deemed in the new report. To be found guilty, according to state law, plaintiffs must show said individuals were “personally involved” in sexual or other harassment.
At this time, four accusers including Charlotte Bennett, Lindsey Boylan, Alyssa McGrath and Virginia Limmiatis have the option to file a civil lawsuit against Cuomo. None of the accusers has yet to announce they plan to file, though it’s early days in the investigation.
An attorney for accusers Ms. McGrath and Ms. Limmiatis, Mariann Wang, said in a New York Times interview that the governor must be held accountable for his actions and removed from power.
“He harassed and demeaned women, fundamentally treating them like objects, and if they dared to complain or not participate, he punished them brutally,” Ms. Wang said in an interview.“The fact that somebody isn’t pursued for criminal charges does not mean that his behavior is either acceptable or lawful,” she said.
New York State Attorney General James said the report shows serious illegal behavior on the part of the governor.
“This investigation has revealed conduct that corrodes the very fabric and character of our state government,” Ms. James said.
Related Articles
It’s a long way to fall from grace when you are former Governor Andrew Cuomo, who emerged during the early days of the pandemic as a hero to the nation. On the heels of numerous charges of sexual harassment from eleven women, Governor Cuomo resigned in disgrace in August and... Read More »
An alleged incident involving Gov. Andrew M. Cuomo and a female aide could lead to criminal charges. The Albany Police Department was informed by the New York State Police and the governor’s office about the alleged incident. According to Steve Smith, a spokesman for the Albany police, the woman has... Read More »
On the heels of a stunning national nursing home deaths scandal, New York Governor Andrew Cuomo now seems headed for impeachment for sexual harassment. Faced with twin scandals, both Democrats and Republicans are calling for his impeachment. In New York, this would be the first impeachment in more than a... Read More »