Feds: Andrew Cuomo subjected 13 employees to a ‘sexually hostile work environment’

The U.S. Department of Justice determined former New York Gov. Andrew Cuomo subjected at least 13 state employees to a “sexually hostile work environment,” with his senior staff retaliating against at least four of them, according to a settlement released by federal prosecutors on Friday.

The findings are part of a civil rights investigation the feds launched just prior to Cuomo's resignation in 2021 and are included in a nine-page settlement agreement between the DOJ and the office of current Gov. Kathy Hochul.

The new settlement includes only a broad summary of Cuomo’s alleged actions, and does not delve into any specifics about the employees or the harassment they faced. The settlement also does not include information on the alleged retaliation four employees faced, which the DOJ said was carried out by “Cuomo’s senior staff.”

John Marzulli, a spokesperson for U.S. Attorney Breon Peace of New York's Eastern District, said no supporting documents are publicly available.

The settlement marks the first time the federal government has weighed in on the numerous allegations against Cuomo. He stepped down in August 2021 after a report by investigators hired by state Attorney General Letitia James found the governor had sexually harassed at least 11 women — only some of whom were state employees.

The agreement, led by the DOJ and the U.S. Attorney’s office in Brooklyn, says the number was higher: at least 13 women, all of whom were female employees of New York state.

“Gov. Cuomo repeatedly subjected these female employees to unwelcome, nonconsensual sexual contact; ogling; unwelcome sexual comments; gender-based nicknames; comments on their physical appearances; and/or preferential treatment based on their physical appearances,” according to a portion of the settlement that summarizes the DOJ’s findings.

Rita Glavin, Cuomo's attorney, said the DOJ never contacted the former governor in connection with the civil rights probe. She noted the settlement included no substantive details of the alleged harassment, and denied any wrongdoing on behalf of the former governor.

"This is nothing more than a political settlement with no investigation," she said in a statement.

Cuomo has previously denied any claims of sexual harassment, and has spent the past two-plus years attempting to discredit James’ investigation as a political hit job. He was not party to the settlement between the Hochul administration and the DOJ.

The settlement, signed by top Hochul aide Karen Persichilli Keogh and a private attorney hired by Hochul’s administration, commits the governor's office to implement several steps to bulk up its oversight of internal harassment complaints — many of which Hochul had already announced shortly after ascending to the office from the lieutenant governorship.

That includes the launch of mandatory, in-person discrimination and harassment training for all executive chamber employees, as well as the creation of a human resources department directly within the chamber, which employs Hochul’s top aides and others who work directly for the governor.

Hochul had also already committed to creating a workplace sexual harassment hotline where people can get advice from attorneys for free, which is also noted in the settlement.

As part of the deal, Hochul’s office agreed to create a new process for investigating complaints against the state’s highest-ranking officials, including the governor, the lieutenant governor and their top aides. Those complaints will be referred to a private law firm that “has not performed significant legal work for the Executive Chamber,” according to the settlement.

It also agreed to create a new anti-retaliation policy and further expand the new human resources department, adding two new workers who will focus on employee relations and training. Supervisors, meanwhile, will be required to undergo training separate from their employees.

“We appreciate [Hochul's] stated determination to make sure that sexual harassment does not recur at the highest level of New York State government,” Peace said in a statement.

Cuomo, meanwhile, is facing civil lawsuits from three of his accusers, including Brittany Commisso, a former aide who claims the governor reached under her shirt and groped her. Cuomo denies the claims. Also suing Cuomo are Charlotte Bennett, a former aide who says the governor asked her probing and invasive questions about her personal life, and a New York state trooper, who claims the governor singled her out for a promotion to his protective detail and made suggestive comments and touched her stomach as he walked by.

The former governor is waging a defense in all three cases, with state taxpayers covering much of the cost because the alleged conduct occurred while he was a state official.

"Gov. Cuomo did not sexually harass anyone," Glavin said.

Cuomo's team, including Glavin and spokesperson Rich Azzopardi, questioned the thoroughness of DOJ's investigation, with Glavin claiming it was largely based on James' prior investigation. It's not clear who the additional women named in DOJ's findings are; the settlement offers no identifying detail.

"The DOJ 'investigation' was based entirely on the NYS Attorney General’s deeply flawed, inaccurate, biased, and misleading report," Glavin said in her statement.

Delaney Kempner, a spokesperson for James, said DOJ's findings confirm "what the New York Attorney General's independent report found over two years ago."

"Andrew Cuomo can continue to deny the truth and attack these women, but the facts do not lie," Kempner said.

This story was updated to include responses from Cuomo's attorney Rita Glavin, U.S. Attorney Breon Peace and James spokesperson Delaney Kempner, as well as additional detail about pending civil lawsuits filed against the former governor.