What Leaders Can Learn About Retaliation From Andrew Cuomo’s Mistakes

What Leaders Can Learn About Retaliation From Andrew Cuomo’s Mistakes

A TEXTBOOK EXAMPLE: If we needed a textbook example of what not to do after harassment or other workplace complaints have been filed, look no further than the current furrow over how Cuomo’s office handled their responses to the 11 women who have come forward with claims of sexual harassment.

According to the New York Times, How Cuomo and His Team Retaliated Against His Accusers, Cuomo’s minions went into overdrive in order to discredit his first public accuser, former staffer Lindsey Boylan, once she went public with her complaint that the governor had sexually harassed her. The loyalists drafted an Op Ed letter to the New York Times, discrediting Boylan, including claiming that she herself had treated staff poorly, assaulting her character and leaking her personnel files to the press. While the letter was never sent, drafts were circulated both within the office, as well as to former staffers and advisors, and the file was leaked by his aides. In addition, other former aides were trusted with personal and confidential information about the whole situation and trusted to make decisions.

Secret Recordings: Continuing the drama, when yet another staffer voiced support for Boylan on Twitter, his inside staff and outside counselors mobilized to find out if she was working for Boylan and to pressure his then-executive assistant, DeRosa, to call her and record the conversation. The conversation was deleted but not before other staffers heard about it.

Staffers Discouraged: Additional staffers were discouraged from coming forward with their own complaints, once they heard what happened to Boylan and others. Recently, both DeRosa and Cuomo’s special counsel, Judith Mogul, have resigned. Stay tuned…

What Should You Do? 

Stay Neutral: If you’re faced with a harassment complaint in your organization, while it’s always complicated when an investigation involves a top executive, the employer’s obligation remains the same: stay neutral. Leave the investigation in the (we hope) capable hands of your employment attorneys and say nothing until the investigation is finished. If people inside or outside the organization find out about the complaint, give them a general statement that whenever you receive complaints of harassment or discrimination, you make certain that experienced and neutral investigators conduct the investigation and until such investigations are complete, you do not comment.

Retaliation Can Be Subtle: Make sure that everyone involved knows that retaliation can be subtle: gossiping about the parties involved, failing to keep the complaint or personnel records confidential, talking to parties outside the scope of the situation, or disciplining or terminating anyone involved. Only people who need to know should know that there has been a complaint, and that should be a small and tightly controlled group. Certainly, leaking information or writing letters to the press would be beyond the pale. Of course, sometimes discipline or termination can’t be avoided until the investigation is over, but by all means, do your best to avoid any unnecessary actions.

Educate Before You Need to Face the Situation: While most organizations these days conduct training on harassment, not all those sessions include robust material on retaliation and how subtle that can be. Make certain that yours do.

For more articles about retaliation and investigations, check out our Monday Memos.

What Do You Think?

Have you observed subtle retaliation after complaints have been filed? Contact us at: 303-216-1020 or Lynne@workplacesthatwork.com