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‘Hands-on’ leadership: when the boss is the problem

April 2021 employment law letter
Authors: 
Paul J. Sweeney, Coughlin & Gerhart, LLP

As of this writing, and with eight female accusers, New York Governor Andrew Cuomo is forcefully denying all allegations that he wrongly touched women or was ever placed on notice that his words and conduct were offensive. With a sexual harassment investigation by the state attorney general under way and highly placed politicos from the governor’s own party calling for his immediate resignation, the stakes are pretty high. Without judging the allegations to be credible, what lessons can we learn?

Accusations

In a word, “creepy.” Some eight women, mostly former staffers, have made complaints (some based on words and actions dating back years) that Governor Cuomo allegedly made them feel uncomfortable by questioning them about their personal lives, including their sex lives, and hinted he wouldn’t mind dating younger women. Others have recounted an unwanted touch from the governor.

Still others have alleged more serious physical conduct—groping—which, if true, would amount to a battery or physical assault in violation of the New York Penal Code. One narrative is that Governor Cuomo would allegedly summon young female staffers to assist him with a “tech” problem as a pretext for an encounter.

Most of the accusers have indicated they didn’t feel comfortable coming forward with an accusation given Governor Cuomo’s position of power, which may explain their delay in making a complaint.

Context

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