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16 ¦ MARCH 22, 2021 NEWS

What Is NY Gov. Cuomo’s Next Move?
Employment Lawyers Weigh In

By Ryan Tarinelli

As he faced mounting calls for an independent
investigation at the end of last month, Gov.
Andrew Cuomo plunged into a power strug-
gle over who would look into the sexual harassment
claims against him.
At first, the governor’s team announced their own
selectee to conduct a review. The next day, they piv-
oted and suggested having New York’s top judge, an
appointee of the governor, help pick a lawyer to do
a review.
By the end of the day, the plan would be aban-
doned. Rejecting the political maneuvering, the
governor’s critics argued that an investigation need-
ed to be removed from Cuomo’s influence.
Now, with state Attorney General Letitia James
overseeing an independent investigation into the
claims, employment lawyers say the best move for New York Gov. Andrew Cuomo speaks at a vaccination
Cuomo is to simply comply with the inquiry and let
site March 8, 2021, in New York.

the investigation run its course. Photo: Seth Wenig/AP

Any attempts to curtail the investigation’s scope or The team is tasked with investigating the sexual
push back against subpoenas would not only raise harassment allegations against Cuomo and how his
suspicions with investigators, but could further tar- administration handled those claims.
nish his reputation in the public eye, some said. Kathryn Barcroft, an employment lawyer who
For their part, the Cuomo administration says focuses on sexual harassment cases, said the investi-
they are committed to working with investigators. gation should also look into Cuomo’s broader office
“All New York state employees have been directed behavior and whether there was a toxic workplace
to cooperate fully with this review,” wrote Beth Gar- environment.
vey, a senior adviser to the governor, in a March 1 Cuomo should want the investigation to be in-
letter granting the state attorney general’s request for dependent so the findings will appear valid to the
an independent investigation. public if he’s cleared of wrongdoing, she said. But
The third-term governor has pledged to cooperate Cuomo could be in for an uphill battle considering
as he faces accusations of sexual harassment from the multiple allegations against him, she said.
former aides, along with an allegation of groping If a broader investigation does take shape,
from a separate female aide. Other women have ac- investigators could look to interview people who
cused Cuomo of inappropriate behavior as well. might not be not tied to any specific harassment
Former federal prosecutor Joon H. Kim and em- complaint, but can speak to the nature of the gov-
ployment discrimination attorney Anne L. Clark are ernor’s workplace behavior, said Jessica Taub
leading the investigation overseen by the state attor- Rosenberg, an employment attorney who primarily
ney general’s office. represents employers.

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