The New York State Senate passed new legislation on March 2 sponsored by Sen. Alessandra Biaggi (S.D. 34) to expand protections against sexual harassment and discrimination in the workplace and provide survivors the opportunity to openly speak their truth, without fear of retaliation.

 

The legislation includes the following laws:

• Let Survivors Speak Act: This legislation, Senate Bill S.738, sponsored by Biaggi, would reform current Non-Disclosure Agreement (NDA) laws that financially penalize survivors who speak out about their abuse by prohibiting settlements that require plaintiffs to pay liquidated damages for violating their NDA.

• Workplace Sexual Harassment Hotline: This bill, S.812A, sponsored by Biaggi, establishes a toll free confidential hotline for complainants of workplace sexual harassment.

 

In the context of the bills’ passage in the Senate, Biaggi, a Democrat, who represents parts of The Bronx and Westchester counties, and who is a sexual abuse survivor, said, “On the first day of Women’s History Month, I was proud to stand with my colleagues to deliver this package of legislation aimed at strengthening New York’s sexual harassment protections.” The senator added, “Last year, we witnessed a paradigm shift in our State’s culture – New Yorkers made it clear that workplaces that silence, stifle and abuse survivors of sexual harassment will no longer will be tolerated. As a legislature, we must build upon this momentum and enact legislation that will protect working New Yorkers across all sectors and create a truly harassment-free New York.”

 

Biaggi, who, as reported, is running for New York’s 3rd congressional district seat, concluded, saying, “This is why I am proud to pass two of my bills, S812A and S738. Both of these bills will strengthen sexual harassment protections in the workplace and provide survivors with the opportunity to freely speak their truth, without fear of retaliation. All survivors deserve the opportunity to openly seek justice, and only when we prioritize this, can we build a safer, harassment-free New York.”

 

As reported, the senator was one of the most vocal lawmakers who called for the resignation of former New York State Gov. Andrew Cuomo amid a slew of allegations of sexual harassment against him by a number of women in 2021, which ultimately led to an independent investigation into the complaints, overseen by New York Attorney General (AG) Letitia James.

 

According to the AG’s office, after nearly five months, the investigators concluded that Cuomo did sexually harass at least 11 women — including former and current state employees — by engaging in unwanted groping, kissing, and hugging, and making inappropriate comments. They also found that the governor and his senior staff took actions to retaliate against at least one former employee for coming forward with her story. In addition, they said the executive chamber fostered a “toxic” workplace that enabled “harassment to occur and created a hostile work environment.”

 

The executive chamber is the Office of the Governor and includes immediate staff that assist the governor in managing State government. The investigators found that Cuomo’s actions and those of the executive chamber violated multiple State and federal laws, as well as the executive chamber’s own written policies. Cuomo’s resignation followed in August 2021. He continues to deny the allegations against him, though he apologized to the women involved if, he said, he ever made them feel uncomfortable or caused offense, while framing his behavior as either a cultural proclivity or disputing the interpretation of certain events by investigators.

 

Amid the governor’s announcement of his resignation last August, the Assembly suspended its impeachment investigation which had begun to take shape. In the meantime, in recent months, four different New York district attorneys in Nassau, Westchester, Albany and Oswego took the decision not to prosecute separate criminal complaints filed with their respective offices in respect of the allegations, following the release of the attorney general’s report.

 

Representatives for the offices are reported to have said they found the impacted women to be credible but they felt their offices lacked sufficient evidence to convince a judge or jury in court of the allegations. Meanwhile, according to CNN, the Manhattan district attorney’s office dropped its inquiry into the allegations though no public statement was made detailing why.

 

As reported in February by Bloomberg, Cuomo said if he had to do it all over, he wouldn’t have resigned, reportedly telling Bloomberg, “I never resigned because I said I did something wrong. I said, I’m resigning because I don’t want to be a distraction.” Now, the governor is using some of his remaining $18 million campaign funds, which the law allows him to do, on an advertising campaign, seemingly aimed at rehabilitating his reputation in what some pundits say is an effort to poll public opinion on his re-electability before announcing a potential re-run for some type of public office.

 

A number of women’s rights groups have blasted the ad, later releasing a joint statement, saying, “Instead of accepting responsibility, serial sexual harasser Andrew Cuomo continues to challenge the accounts of victims. Multiple investigations have found the accounts of these women to be credible. The media should stop giving a platform to abusers like Cuomo. As evidenced by recent public polling, New Yorkers believe the women who bravely came forward about Cuomo’s abuse; they think Cuomo was right to leave office in disgrace. This attempt to claim exoneration won’t work. Shame on serial sexual harasser Andrew Cuomo.”

 

Meanwhile, a group called New Yorkers for Justice hosted a “Truth Matters” community roundtable over President’s Day weekend last month at the Sheraton LaGuardia East Hotel in Queens. They said they opposed Cuomo’s resignation and that his departure left them feeling disenfranchised, having voted him into office and since they were prepared to vote for him again. Attracting 86 participants in-person and 30 via Zoom, the group said the discussion centered around what was described as “AG James and other NY politicians’ plot to weaponize the law to oust the now vindicated Gov. Andrew Cuomo, and voters’ steadfast support of and desire to see Cuomo run in 2022.”

 

As above, four of the district attorney’s who received criminal complaints about the allegations found the women involved in the cases to be credible. However, they said they lacked sufficient evidence [of wrongdoing] to convince a judge or jury in court.

So far, according to Ballotpedia, the Democratic candidates for governor in the upcoming 2022 primary include the incumbent, Hochul; former independent mayoral candidate for New York City in 2021, Nicolae Bunea; lawyer, Paul Nichols; NY-3 Congressman Tom Suozzi, whose seat Biaggi aims to fill; and New York City Public Advocate, Jumaane Williams.

 

Meanwhile, the Republican primary candidates include Rob Astorino, who, as reported, was called out for hosting a rally during which anti-Semitic symbolism was on display outside the office of Bronx, Jewish Assemblyman Jeffrey Dinowitz (A.D. 81) last year. Astorino denied the allegations, alleging he did not see the imagery at the rally. Other candidates in the primary include Michael Carpinelli, Derrick Gibson, Andrew Giuliani, Kris Lord, Harry Wilson and Lee Zeldin.

 

Meanwhile, on Wednesday, March 16, Hochul signed into law S812A/A02035, co-sponsored by Assembly Member Yuh-Line Niou, who represents parts of Manhattan, to establish the toll-free confidential legal hotline for victims of workplace sexual harassment. The hotline will connect complainants with experienced pro-bono attorneys who will help inform them of their legal rights and advise them on the specifics of their individualized cases.

 

The governor also signed legislation S.3395B/A.2483B making State and all public employers subject to the provisions of the Human Rights Law and legislation S.5870/A.7101 which prohibits the release of personnel files as a retaliatory action against employees. The legislation was signed at a Women’s History Month celebration with advocates for gender equity and women’s rights.

 

“From day one, it has been one of my top priorities to clean up Albany, change a culture of harassment and abuse, and ensure safe, respectful workplaces,” Hochul said. “Everyone has the right to a workplace free of unlawful discrimination and harassment, and I will never stop fighting for gender equity. While there’s more work to be done, I am proud of the steps we are taking to promote safety, dignity, and respect for all New Yorkers.”

 

According to officials from Biaggi’s office, only 30% of victims of workplace sexual harassment report the harassment to an official channel, and even fewer victims file a formal complaint. They said this is often because employees don’t know where to go or what their options are. They added that by creating the free legal hotline, employees across the state – in a variety of workplaces and industries – can now easily access confidential legal guidance through the Division of Human Rights.

 

In the context of the bill’s signature by the governor, Biaggi said, “Last year, New Yorkers made it abundantly clear they stand with survivors of sexual harassment and expect abusers to be held accountable. It is the duty of the legislature to build upon this momentum and enact legislation to protect workers across all sectors.”

She added, “As the sponsor of S812A, I am proud to see this bill signed into law and want to thank Gov. Hochul for her commitment to creating a safe and harassment-free New York. I also want to acknowledge the Sexual Harassment Working Group and thank them for their tireless commitment to combating workplace sexual harassment and transforming our culture to prioritize survivor justice. By establishing a free, confidential legal hotline for complainants of workplace sexual harassment, we can ensure survivors have the knowledge and tools they need to report harassment.”

As previously reported, Biaggi and other legislators and advocates are also calling for existing legislation to be amended in order to close the so-called “voluntary intoxication loophole,” and ensure equal protection for sexual assault victims who may become intoxicated voluntarily i.e. providing them with the same protection as that afforded to sexual assault victims who become intoxicated involuntarily. The new legislation would essentially prevent such survivors of sexual assault from being victim-blamed for drinking alcohol.

 

If you or someone you know has been a victim of a sexual assault, help is available. Call:

Bronx County District Attorney Crime Victims Assistance Unit, at 198 East 161st St., Bronx 10451 on (718) 590-2114 or (718) 590-2115; or
Bronx Kingsbridge Heights Community Center, Inc. at 3101 Kingsbridge Terrace, Bronx 10463 on (718) 884-0700 or (718) 884-0700 or (212) 227-3000.

 

If you are in immediate danger, call 911.