Second former aide accuses Andrew Cuomo of sexual misconduct
The recent allegations of sexual harassment that were made against New York Gov. Andrew Cuomo by two former aides should immediately raise red flags for business leaders on how their companies should prevent, respond to, and manage this type of crisis in the workplace.
Beyond the harmful headlines, charges of sexual harassment can damage employee morale, make it harder to recruit and retain workers, and lead to litigation and lawsuits.
Cuomo’s Statement
On Monday, The Hill reported that House Speaker Nancy Pelosi (D-Calif.) said the allegations against Cuomo were credible and backed an independent investigation into his behavior.
In a statement Sunday night, Cuomo said he “... never intended to offend anyone or cause any harm.
"I now understand that my interactions may have been insensitive or too personal and that some of my comments, given my position, made others feel in ways I never intended. I acknowledge some of the things I have said have been misinterpreted as an unwanted flirtation. To the extent anyone felt that way, I am truly sorry about that.
"To be clear I never inappropriately touched anybody and I never propositioned anybody and I never intended to make anyone feel uncomfortable, but these are allegations that New Yorkers deserve answers to.”
Outdated Defenses
Writing in the Washington Post’s ‘The 5-Minute Fix” newsletter tonight, Peter Stevenson said Cuomo, “...first called for investigations by a lawyer or judge of his choosing, at one point claiming his comments were just jokes, or were taken out of context.
“But those defenses are from an out-of-date playbook. In 2021, several years after the rise of the MeToo movement and a societal reckoning about the way that men have long gotten away with treating women, the old standby tactics don’t work anymore.”
The Governor’s office did not immediately respond to a request for comment for this story.
Advice For Business Leaders
Law enforcement, HR experts, lawyers, and others have plenty of recommendations to share with business executives about various aspects of this type of crisis.
Check Behaviors Every Day
HR expert Brenda Neckvatal said, “The Governor’s response to the allegations made against him reinforces the need for business leaders to check their behaviors every day.”
She noted that, “Sexual harassment allegations are extremely damaging, not only to the parties involved (both accused and accuser), but it negatively impacts a company’s reputation, consumer and investor confidence, vendor relationships, and an employee’s sense of security.”
Learning Opportunity
“This is a learning opportunity for both Gov. Cuomo and any person that finds themselves in a position of power,” according to Amanda K. Rue, founder and CEO of of The Shift Work Shop which conducts sexual harassment prevention training and programs for businesses and organizations.
“He can and should be willing to take accountability that he may have crossed these boundaries, thereby making employees uncomfortable. Often with transgressions in the workplace, we look at impact versus outcome. While Gov. Cuomo may not have intended harm, the outcome of his behavior created uncomfortable and potentially unsafe working conditions for employees,” she said.
Words Matter
The accusations against Cuomo are providing yet another opportunity for business leaders to conduct a reality check about what they say to others, how they say it, and how it is received and perceived.
Wendy L. Patrick is a career prosecutor, behavioral analyst, and coauthor of Reading People. She said, “Business leaders, as well as the CEOs of companies and organizations are learning from Governor Cuomo the same lesson they should have learned from a string of powerful men (and women) before him: words matter—especially when they make others uncomfortable, and particularly when you are in a position of power.
“As the Governor is realizing this and speaking out both offensively and defensively, dozens of other leaders are likely rethinking the ways in which they interact socially and with staff, both personally and professionally,” Patrick observed.
“Business and political leaders may not think twice about joking and having casual conversation with subordinates, because even if their words make someone uncomfortable, they are highly unlikely to be rebuked in this setting due to the power differential. But for those left feeling slighted, shamed, embarrassed, or even emotionally traumatized, silence is not golden. Victims speak out eventually, and often encourage and empower each other, because there is safety in numbers,” she noted.
A New Mindset
Do not assume that everyone shares your values, sense of humor or will continue to tolerate offensive behavior.
“The biggest mindset that every business leader must adopt: you can never un-ring a bell. Once that perceived inappropriate comment or joke has been shared, you can’t take it back no matter how much regret you express,” Neckvatal observed.
“The damage is done to someone. Complacency or a belief that everyone sees the world through your eyes, engaging in the same level of humor as you is a foolhardy mindset that ultimately leads to a significant amount of trouble and heartache. Just because you can or have in the past, doesn’t mean you should in the future,” she said.
Be Careful About Culture
Lawrence Spasojevich, an employment lawyer with Aidala, Bertuna & Kamins, said employers need to be vigilant about the culture that is fostered in the workplace.
“Jokes, especially ones that may have targeted an individual’s sex, gender, race, religious affiliation or any other protected characteristic may be acceptable to some but reprehensible to others and should be reviewed with a thorough, impartial investigation.
Employers should strive to be a place that values the professionalism of the workforce if it intends on having a professional workforce,” he said.
