What Can We Learn From the Cuomo Case About Workplace Sexual Harassment?

When New York Governor Andrew Cuomo resigned in August over sexual harassment allegations, it brought renewed attention to a very old issue. A number of current and former employees — including a state trooper on Cuomo’s protective detail — accused him of nonconsensual touching and making numerous “offensive comments of a suggestive and sexual nature that created a hostile work environment,” according to an investigation by New York Attorney General Letitia James, corroborating their allegations. Although the case involved an extremely powerful perpetrator, the details are all too familiar across many workplaces.

“Unfortunately, this is much more commonplace, and not even the rise of the #MeToo movement and the awareness around sexual harassment has changed that,” said C. Nicole Mason, president and CEO of the Institute for Women’s Policy Research. “It feels like a Herculean effort to come forward. And what is so insidious are the people that protect the harassers. And the burden of proof is on the accuser. The Cuomo case tells me that there is so much more work to be done.” There are too many workplaces that “are still operating in a 1950s style where women were told, ‘This is a man’s world, suck it up.’ This attitude is so entrenched in our workplace, and we really need to rethink it in a way that we have never done before. If you report an incident of sexual harassment, your employer has a stake in protecting themselves, not you.”

Although Title VII of the 1964 Civil Rights Act makes it illegal for employers to allow anyone to be sexually harassed at work, it is estimated that one in three women experience workplace sexual harassment, and nearly three in ten adults have personally witnessed the sexual harassment of one of their co-workers. The Cuomo case offers “a snapshot of what happens in a lot of different kinds of workplaces, therefore we shouldn’t make assumptions that this only happens in fancy places; it’s a problem across all industries and in all occupations and occurs at all levels,” said Jocelyn Frye, a senior fellow with expertise in women’s economic security and women’s rights at the Center for American Progress. “When you have a high-profile case, it brings attention to the issue and helps illuminate the fact that it is against the law. Sexual harassment is about power, and nobody should be in a workplace where perpetrators can operate with impunity.”

The media attention around the case may help to “show the common themes in workplace sexual harassment, especially with a repeat harasser,” said Jessica Ramey Stender, senior counsel of workplace justice and public policy at Equal Rights Advocates. “There was a power imbalance with the perpetrator in a supervisory position, and the accusers were aides or had less power. The accusations were not taken seriously, and it appears that some women experienced retaliation, including one woman who was transferred, and another who, after reporting the harassment, the executive chamber actively engaged in an effort to discredit her by leaking records related to her employment.” It may also offer some clarity about what actually constitutes workplace harassment, which, in the Cuomo case, included groping and kissing, and also unwelcome inquiries about the women’s dating life and comments on their bodies. “Not only is it inappropriate, but in some instances, also illegal,” said Stender. This behavior should not just be considered “part of getting a paycheck, part of the job and that some women may assume that they have to put up with it.”

The retaliation in the Cuomo case involved a coordinated campaign orchestrated by the governor; the accuser’s co-workers, including her supervisor; and even outside consultants. (Several people involved in the retaliation, including Melissa DeRosa, Cuomo’s top aide, resigned once their actions were revealed in James’ report.) “There was clear evidence that other players were involved in taking steps to retaliate against and damage the credibility of [Cuomo’s] victims, which highlights the lengths that people will go to protect the abuser,” said Laura Palumbo, communications director at the National Sexual Violence Resource Center. But Palumbo believes that the outcome of the Cuomo case represents progress “because at first there was some debate on whether or not his actions broke the law. But the outcome clearly [shows] that sexual harassment always happens on a spectrum and is always harmful. Victims are afraid to come forward because they fear they won’t be believed or fear facing retaliation. When we have a public example of women coming forward and the perpetrator being held accountable for his actions, it demonstrates the power of listening to survivors.”

Yet this fear of retaliation and negative career outcomes is a main reason why workplace sexual harassment is vastly underreported. “The widespread coverage of the details of the [Cuomo] case can hopefully raise awareness that sexual harassment and retaliation for reporting it are illegal,” said Jessica Mason, senior policy analyst and engagement manager for workplace programs at the National Partnership for Women & Families. “At the same time, I hope this sheds light on why women and other marginalized groups often don’t report harassment — whether it’s for fear of retaliation or being fired, or because they feel nothing will be done about it. These tend to be the same people who, due to gender and racial wage and wealth gaps, have fewer resources to lean on if they lose a job. We hope that seeing some of these cases where people reported and there were positive consequences, that there will be a shift toward preventing and effectively addressing workplace sexual harassment. The Cuomo case demonstrates that when it seems like there is just one voice but then it becomes a chorus of people coming forward, that's when change happens.”

In male-dominated fields, such as construction and truck driving, there are especially high levels of harassment, along with gender-based discrimination. These conditions can push women out of these jobs altogether or lead to dangerous work conditions when women need to rely on co-workers for physical safety, as on a construction site. “Many women enter the trucking industry who are homeless or have been incarcerated and this is the last stop for them, they don’t have any choices so they are very vulnerable,” said Desiree Ann Wood, a truck driver and president of REAL Women in Trucking, an advocacy organization.

Workplace sexual harassment can add another layer of discrimination for populations of people who already face barriers in other areas of their lives. A Center for American Progress 2020 survey of LGBTQ people found that over one-third faced harassment or discrimination at work. “Regardless of whether a person is LGBTQ, sex harassment often includes homophobic or transphobic slurs, taunts, or other conduct,” said Julie Wilensky, senior staff attorney at the National Center for Lesbian Rights. “Many LGBTQ people try to mask some aspects of their identities in the workplace, such as hiding a personal relationship or delaying gender-affirming health care, due to fear of discrimination or harassment.”

The Cuomo case shows that in the four years since the Harvey Weinstein story broke, despite the media attention, organizing, activism, and raised awareness around workplace sexual violence and harassment that it catalyzed, there is still much work to be done. There are two pieces of pending federal legislation: the BE HEARD in the Workplace Act, which would strengthen and expand existing laws, remove barriers in court for survivors, as well as limit secrecy and promote transparency in workplaces where harassment has occurred; and the EMPOWER Act, which would end nondisclosure agreements in settlements, expand training, and create a confidential tip line at the Equal Employment Opportunity Commission. Advocates cite the urgent need for stronger laws around retaliation, an independent third party for reporting and investigating accusations so that employers aren’t investigating themselves, lowering the too-high legal standard for what constitutes sexual harassment, and more comprehensive training. “There are still too few options and protections for survivors of workplace sexual harassment,” said Palumbo. “The systems and protections that do exist rely on reports of sexual harassment being taken seriously and properly investigated, and we continue to see individuals and institutions fail to do this. Trainings do have a role to play for both employees in knowing their rights and understanding what behaviors will not be tolerated and for supervisors in understanding their role in what they are accountable for doing. But there is a wide range in the quality and whether or not they are implemented in a way that is effective. Employees should feel comfortable reporting behavior that feels inappropriate even before it reaches the level of harassment.”

The Cuomo case should be a reminder for just how pervasive this problem is. “This case shows that if this type of behavior is enabled and allowed to persist in one of the highest levels of offices in state government, it’s happening in all types of workplaces, especially where there isn’t as much public scrutiny, and especially in low-wage jobs,” said Stender.