As part of a package of new laws signed by Gov. Kathy Hochul on Wednesday, New York expanded workplace harassment protection for all public employees and prohibited the release of anyone’s employment records in retaliation for speaking up about alleged abuse.
Personal staff of elected officials and judges had previously been exempt from anti-discrimination protection under New York’s Human Rights Law. Another bill establishes a statewide confidential hotline for reporting sexual harassment in the public and private sectors.
The laws were proposed by Democratic lawmakers in response to the state attorney general’s office’s investigation into former Gov. Andrew Cuomo. Cuomo, a Democrat, was found to have sexually harassed at least 11 women in violation of state and federal civil rights law. According to the report, Cuomo’s aides leaked internal memos in order to discredit former senior aide Lindsey Boylan, who was the first to publicly accuse him of sexual harassment.
“We saw what happened to Lindsey Boylan when she spoke up,” said Assemblymember Jessica González-Rojas, a Queens Democrat, who called the release of Boylan’s employment records a “tool of retaliation.”
Employees can now file retaliation complaints with the attorney general, who can file a lawsuit in state court against employers who violate the law.
In addition, independent investigators discovered that Cuomo’s office failed to investigate sexual harassment complaints.
Hochul, who is preparing for a Democratic primary in June, said Wednesday that her administration has changed how it handles harassment complaints to ensure they are taken seriously.
“We created a real human resources department so that actual real complaints can be heard by real people who will act,” Hochul explained. “We actually have an outside law firm available for people to complain to, so there’s no way for anyone in my administration to cover up or sweep something under the rug.”
Cuomo claims the civil sexual harassment investigation was part of a political witch hunt, and that investigators did not include every piece of evidence that portrayed him favorably.
Cuomo resigned in August in order to avoid an impeachment trial led by Democrats, which could have barred him from running for office again. However, after railing against “cancel culture” at a Brooklyn church earlier this month, he sparked speculation about his political ambitions. He also plans to speak at a church in the Bronx on Thursday.
Hochul spoke Wednesday at New York City’s Javits Center alongside members of the Sexual Harassment Working Group, whose leaders have long advocated for anti-harassment reforms and shared personal stories of harassment as legislative employees.
“To the advocates who made this happen, and their legislative champions: I’m proud to sign bills that will address sexual harassment in the workplace and say that my administration has cleaned house once and for all,” Hochul said. “A new day has dawned in New York.”
Last summer, investigators wondered if Cuomo and his inner circle were attempting to silence Boylan by questioning her political and personal motivations shortly after she accused Cuomo of sexual harassment on Twitter in December 2020.
Retaliation against current and former employees who file harassment complaints is prohibited by state law and governor’s office policy. Release of a “unwarranted negative reference” is an example of retaliation.
Cuomo claimed he assisted in the creation of a letter critical of Boylan’s credibility, which was distributed to supporters but never published. His administration also released internal memos showing Boylan had been the subject of complaints about toxic workplace behavior, with the assistance of former Cuomo aides.
“You can be both a perpetrator and a victim of sexual harassment,” Cuomo admitted during one section of his deposition.
Cuomo and aides like Melissa DeRosa, on the other hand, argued that the administration was within its rights to defend the governor against Boylan.
Cuomo has denied ever touching anyone inappropriately or intending to offend any of the 11 women named in the harassment investigation.
Several prosecutors in New York said they found the women credible but lacked enough evidence to charge Cuomo with forcible touching.
A female state trooper on Cuomo’s security detail filed a sexual harassment lawsuit against the former governor.
Cuomo has said that his penchant for hugs and kisses stems from his age as an older Italian American, and that some of his previous comments were “misinterpreted as an unwanted flirtation.”
Unwanted touching, unwanted flirtation, or sexual jokes are all examples of sexual harassment in New York.