Current Cuomo aide accuses him of sexual harassment, looking down her shirt, report says

[pnwmom]

Source: CNBC

A current aide to New York Gov. Andrew Cuomo has gone on record by name to make the latest accusation of sexual harassment against the besieged Democrat.

The aide, 33-year-old Alyssa McGrath, told The New York Times that Cuomo had once looked down her shirt, commented on her appearance by calling her "beautiful" in Italian and otherwise engaged in flirtatious behavior.

McGrath joins more than a half dozen other women, including another current aide and several past Cuomo aides, in accusing the 63-year-old governor of sexual harassment, or of making inappropriate physical contact and comments.

"I have no doubt in my mind that all of these accusers are telling the truth," McGrath told The Times.

Read more: https://www.cnbc.com/2021/03/19/current-cuomo-aide-accuses-him-of-sexual-harassment-report-says.html

---

She also referred to the other current staffer who has made the accusation of him fondling her breast. She said she spoke to that other staffer last week -- even though Cuomo had asked the other staffer not to speak with McGrath.

If that's true, Cuomo has crossed the line into actively interfering with an ongoing investigation -- which is why the EEOC guidelines call for an accused manager to take a leave with pay while an investigation is taking place.

He shouldn't be supervising the same staffers who are being asked to testify now.

[OAITW r.2.0]

1. "looking down her shirt?"

I'll bet hardly any male has ever done this.

[pnwmom]

2. Yeah, right. nt

[frazzled]

3. When a powerful boss does it, it's a different ball game

I hope people understand this. The boys will be boys rule doesn’t really apply when the boy is a person who holds your career in their hands.

[pnwmom]

8. +1000. n/t

[canuckledragger]

16. I agree totally.

It's different when you have authority over people, and the one with the authority SHOULD know better.

[canuckledragger]

4. If the cleavage is there, I look.

It kind of hard not to, and not for overtly sexual reasons either.

I'll look partly because it's not something I see all the time. And a plunging neckline is meant to do just that, make you look.

Kind of like when you're walking home in the the dark, your eyes are drawn to lit up windows. You look in not to be nosy, but because it's a feature that stands out in the dark.

[OAITW r.2.0]

5. LOL, you had my nod up to the "walking home in the dark".....

that is truly a creepy analogy.

[CTyankee]

6. Good lord, where do you work? A plunging neckline in an office?

I have worked in an office where the boss of one part of the organization ogled a young intern who was taking off the sweater she wore over a short sleeved shirt. Nothing was tight or plunging but he stood there in front of others and he leered at her very openly. The executive Director of the organization (a nonprofit, in NYC) had the guy in his office and told him to knock it off. This was about 30 years ago. I won't name the organization because it does good work otherwise.

[canuckledragger]

9. That's a little different

And very obvious staring with sexual intent.

I was talking about passing glances at something I don't see all the time. I'm asking for a slap if I just stand there and oogle. Every polite guy knows the 5 second rule.

It's one thing to glance in passing, something else to just stare...

Also, I work in a university, where you have a lot of kids of various genders on their own for the first time for a lot of then, wanting to show off what they've got. We ALL had to learn not to stare here...especially around Halloween...

[pnwmom]

11. There's no 5 second rule for leering. And the staffer is in her 30's, not a college student. nt

[canuckledragger]

14. I'm not defending anyone, just bringing up my own experiences

I can't speak for Cuomo or the staffer, only my own experiences.

[pnwmom]

15. You just said "every guy knows the 5 second rule." But there is no such rule for leering. nt

[canuckledragger]

17. Sigh...

As I've explained in other posts on this thread, there's a big difference in a passing glance, and outright staring with sexual intent.

[oldsoftie]

22. Simple. Leering is looking too long. And even 5 secs is TOO LONG!

As another person who has worked at a university, maybe 2 seconds is long enough. And there's only about 100 a day that are VERY obvious.

[Polybius]

36. I go to the nude beach

You are correct, 5 seconds even there is considered too long.

[50 Shades Of Blue]

7. Where does it say she was wearing a plunging neckline? Nowhere in the article.

[canuckledragger]

13. I'm the one that brought up the neckline thing as an analogy

I'm not defending anyone here, but just pointing out if something's there I'm probably going to look.

And like I said in another post, looking is one thing...but standing there oogling is another.

[50 Shades Of Blue]

18. An analogy to what?

[canuckledragger]

19. Maybe example would have been a better word?

[50 Shades Of Blue]

20. An example of what?

[OAITW r.2.0]

24. LOL, you should have given up while you were still behind.

My humble point, as a 68 YO male is, looking is natural. Many guys check out gals as many gals check out guys....I've been told by many gals that, yes, there is their own fantasy evaluation going on. It happens.

[canuckledragger]

29. That's the point I was trying to make, however mangled it came out.

Some folks just want to be offended, regardless.

[LT Barclay]

45. What I learned even in Junior High School is that some girls and women wear things to draw attention

The problem is they want attention from 1 particular person or a type of person. If anyone else looks it is offensive. I remember getting some very harsh looks from girls in school who were wearing very tight shirts with no bra because they saw me looking, but I wasn't the right person.
The earlier example that was given of a person taking off a pull over sweater in an office, I think reflects on the poor judgement of the female. She should have excused herself and done that elsewhere.

[MrsCoffee]

55. Nope.

[LT Barclay]

67. Maybe not you. But it is there. We can't pretend that in the world where we are trying to

eliminate male misbehavior that there aren't women who use sex to get ahead.

[pnwmom]

10. It doesn't require a plunging neckline. It happens when a woman wearing a normal blouse

has to lean forward. A taller man can take advantage of the situation.

[Judi Lynn]

31. NEW ACCUSATIONS Who is Andrew Cuomo's aide Alyssa McGrath?

Adriana Diaz, SEO reporter

GOVERNOR Andrew Cuomo has now been accused by eight women of sexual harassment or inappropriate behavior.

The New York governor's current aide Alyssa McGrath told The New York Times that Cuomo had "ogled body, remarked on looks, and made suggestive remarks."



Who is Andrew Cuomo's aide Alyssa McGrath?
McGrath, 33, is an executive assistant working in the governor's office.

She is the first current aide to publicly speak out about Cuomo's alleged inappropriate behavior.

McGrath studied business management at Siena College and currently lives in Troy, New York, with her young son.

She began working in the governor's office in May 2018, according to her Facebook page.



More:
https://www.thesun.co.uk/news/14398706/who-is-andrew-cuomos-aide-alyssa-mcgrath/

[Midnight Writer]

49. Ooops! Caught me!

[betsuni]

21. Immediately thought of Seinfeld:

[oldsoftie]

23. Yep, there it is. George gets busted. He wasnt taking a glance!

[OAITW r.2.0]

25. "You're only supposed to take a peek on a poke". Exactly.

George, you moron.

[oldsoftie]

59. One of Denise Richards first major appearances.

[FBaggins]

40. I can't imagine why I don't see anyone else so far who gets the problem here

True - It isn't at all unusual (or IMO offensive) for someone's eyes to be drawn to things that are normally hidden from public view. It isn't the same thing as "leering"...


.,.. but the story is that he chose to comment on the situation. It's beyond leering to essentially tell the other person "I'm looking... I'm ok with you knowing that I'm looking... and I feel free to grade you on what I see".

Then add that he was her employer... That's clearly harassment.

[OAITW r.2.0]

42. Get your point.

It amazes me, actually. For the entire time that Trump was in charge, Gov. Cuomo leads the Democratic response to COVID-19. And God bless him. Every day, he reports the data and makes the case for science to lead. Thank you Governor....and thank you victims for waiting till we had a Democratic President to torpedo an effective leader in NY. Pick your savior.

[Midnight Writer]

48. Lenny Bruce did a bit about this.

A guy on the battlefield gets his hands blown off, and is watching his life bleed away, when a nurse runs up to help him, and she catches him looking down her shirt.

Hey, nobody ever accused Lenny Bruce of being tasteful.

[iemanja]

50. and they get fired for it

It is acceptable in no office in this country.

Once again, we see the defense of about Como is maintaining what men see as their unfettered rights over women's bodies. You have no such right; nor does Como.

[Kid Berwyn]

63. It's it's it's a natural reaction.

Personally, I try to avert my eyes, but they’re googely like Rodney Dangerfield’s.

[madville]

12. The coordination between Cuomo and his top staff is an interesting aspect

How they allegedly coordinated lines of attack to discredit the accusers or suppress them speaking out.

[orangecrush]

26. Due process, no resignation

Not after Trump.

No Franken again.

Ever.

[PortTack]

34. This!!

[iemanja]

51. Of course

Men's rights to harass and assault women must be protected at all costs. Who cares if the majority of voters in the Democratic Party are women. They must be shown that they exist only for men's pleasure.

[Nixie]

28. Why did it take so long for this accusation?

Are they coordinating?

If I had voted for Cuomo, I’d be glad he said he wouldn’t resign over this.

[Polybius]

35. Sometimes, it takes someone else to come forward first

Many women are hesitant, unless there are others. Then it's like dominos.

[spooky3]

39. The statute of limitations is generally 170 days, but NY has a 300 day limit, IIRC. Several of

these incidents allegedly occurred during this time frame, e.g., last December. And if the pattern is hostile environment rather than quid pro quo, then as long as the environment continues, maybe it would be seen as extending the statute of limitations. So there really is no basis for objecting to "how long..."

There is a huge academic literature on the real, legitimate reasons why targets of sexual harassment do not speak up, particularly when speaking up means you have to complain ultimately to the very person who allegedly harassed you or created the hostile environment. Even today, these young women may not have wanted to "make trouble" for the governor or for themselves but several may have felt that, once several others began to speak up, either it was safer for them to do so, or they would be more likely to be taken seriously and the problems would be solved. This happened in the Bill Cosby case, which is obviously very different from Cuomo's case in important ways. But it illustrates why people who did experience harassment but feared what would happen if they complained might later speak up. This case is also VERY different from the Franken case, which generally did not involve superior-subordinate or even workplace incidents, and for which there was little to no evidence of harassment. For example, one woman reported that he groped her, but the photo she provided clearly showed that he did NOT, and the photo was taken by her own husband. Who would be stupid and/or crazy enough to grope someone in those circumstances? She never responded to these points.

The NY statute that ironically Cuomo advocated, is very clear about what SH is, and IMHO if the allegations in the media are true, he has violated this statute.

I am still in the camp that believes James should be given time to investigate and then recommend solutions. However, personally, I would be willing to bet right now that the investigation will confirm a pattern of illegal hostile environment discrimination.

Also, I believe it has been reported that all of the women who alleged problems in the workplace are DEMOCRATS (again, another difference with Franken's case, which was initiated by a Republican). One might be considered a current rival to him, but the others clearly can't be. So who is coordinating what?

[Nixie]

41. Thank you for a great post! Actually, I was thinking along

the lines that the accusation is so simplistic—-“he looked at my boobs” —- you can’t get any simpler than that, yet it took so long to get this one out.

Just because they are Democrats doesn’t mean much. We’ve seen there are groups like Justice Democrats who want to primary so-called Establishment Democrats. The first accuser is forming a PAC to primary Schumer and Gillibrand out of revenge for not turning on Cuomo immediately. That seems very revenge-y to me, and revenge could also be a motivation for this.

[spooky3]

44. Thanks. It could be, and I'll be interested to see what Letitia James concludes.

But, based on what I've seen in the NYTimes and other respectable though imperfect outlets, which of course may not tell the whole story but certainly have reported lots of troubling evidence, I do not believe revenge is the motivation.

Only one accuser is forming that PAC (I mentioned the rival in my post). There are now 6 or so workplace accusers. There are HUGE risks and costs to speaking out against a powerful person, especially when you are young and interested in staying in the same industry. There are far more people who don't complain when they DO have a basis for complaining, than who make false allegations without basis. If you look at each individual accusation, is there any evidence that revenge or political disagreements are the reasons for the complaints? What are the odds that all of them are making things up out of revenge? Revenge for what, if the bad behavior did not occur? Why would they want revenge? Why would they now think they could get revenge but they didn't before?

I don't see evidence of this as likely, except in the case of the rival. And even then, it is still possible she experienced the bad behavior she said she did. Her deciding to run for office actually would be consistent with the advice that I've seen people offer - "don't just take it--fight back" etc.

[Nixie]

54. Thanks for the assessment that a lot of things could be at

play. That seems to be the most consistent thing yet, a lot if it doing with the timing if it, too. It would seem there would have been HR complaints along the way if the incidents were so pervasive, not just a big pile on of complaints to politically bury Cuomo.

As far as being a jerk goes, Ellen DeGeneres was also accused of fostering a hostile work environment. One of the complaints about her hostility was that she didn’t make eye contact. I’m sorry, but hearing that lack of substance is not very compelling. Maybe that’s how she focuses her pre-show nerves or whatever she does as a star to get ready for her show. It could have been a multitude of reasons. Some of this Cuomo obsession looks like that, too. He rubbed people the wrong way and now they want him to pay.

[spooky3]

58. There WERE several complaints prior to the media stories.

It was reported that they were handled poorly—in one case the alleged victim was involuntarily transferred (which EEOC guidelines explicitly state is not appropriate because it can be seen as retaliatory toward the victim). Clearly none of the complaints led to his stopping the alleged behavior. We should not blame the victims for not reporting, especially when it’s the top person in the organization who is accused and it appears no one has effectively gotten him to change behavior.

As some have said, if the incidents are true, this is textbook workplace sexual harassment. People really should look up the NYS law on sexual harassment, which Cuomo signed. It is very clear about what should NOT be done by bosses and others.

I haven’t followed the Ellen incidents, but I’m not aware that any incidents targeted people by race, sex, disability or other protected characteristic. So none of it nay have been illegal. However there was a pattern of toxicity alleged and she took responsibility. When a toxic environment is alleged it’s the totality of what goes on that matters—not whether one small incident seems inconsequential to people who weren’t the target.

[Nixie]

62. There were reports that the woman had requested a transfer

It was a previous request. So if that’s the incident, it seems to be a coincidence that is being exploited.

It’s too bad that the first “accuser” doesn’t appear to have clean hands herself, hence the doubt to call her a “victim.”

The timing of it all still raises questions and this trickling in of seemingly minor incidences like this one makes it seem too coordinated just to keep it in the headlines.

Ellen got to keep her show, so that’s a good thing. I guess when you are working with large personalities, male or female, people will listen to whatever you say if you go to the media. Some of Ellen’s and Cuomo’s supposed transgressions don’t seem that urgently toxic.

Anyway, thanks for the great posts. You made some great points. Much appreciated.

[oldsoftie]

60. Remember Kavenaugh ? How many years?

The thing is some women just dont feel comfortable or safe making a report.

[MisterNiceKitty]

64. Although the Kavanaugh revelations were about stopping his Supreme Court appointment

Not that it mattered...

[ashredux]

30. Sorry, but this one is just plain lame. We all know the governor is a jerk

Sorry, but this one is just plain lame. We all know the governor is a jerk

But come on, this is just attention grabber

[pnwmom]

37. The NYT wrote a story saying they'd talked to dozens of women staffers who echoed

these allegations. Whether you like it or not, sexual harassment is against the law. What the woman are describing is a hostile environment for women who are just trying to do their jobs.

[iemanja]

53. It's called a pattern of conduct

which is dispositive of guilt.

What is pathetic is the apologists who continue to defend Cuomo, when they damn well know he did what these women are alleging. They defend him precisely because he harasses women.

[Beastly Boy]

32. With all due respect, your reference to EEOC guidelines is totally misguided.

Here are some examples of EEOC guidelines that contradict your understanding of these guidelines:

615.2(c) Non-CDP Issue -

Commission will review charges of sexual harassment on a case-by-case basis, recognizing that actions which constitute sexual harassment in one factual context may not in another. With the narrow exceptions discussed below at §615.4(b), the issue of sexual harassment is non-CDP. Therefore, after completing the investigation of a charge alleging sexual harassment, the EOS should contact the Coordination and Guidance Services, Office of Legal Counsel, for further instructions.

Non-CDP (non-collection due process) refers to due process which is not actionable. So EEOC makes two things absolutely clear: their reviews are made on a case by case basis, and you should not expect any universally applicable recommendations from them.

And later:

(b) Section 1604. 11(b) -

This section provides that, in reviewing a charge of sexual harassment, the commission will examine the record in its entirety, considering the allegations in light of the total evidence presented. The final determination of whether the alleged conduct constitutes sexual harassment will be based on the specific faces of each case. The section recognizes that an act action which is sexual harassment in one set of circumstances may, in another context, not be.

In other words, there are no rigidly defined formulas that guide EEOC in their investigation, and that context matters.

The fact is, the opposite of what you say is true: EEOC is clear on the scope and limitations of its giudelines, and nowhere in the EEOC guidelines does it state or recommend for an accused manager to take a leave. So why do you keep misrepresenting what EEOC guidelines call for?

You can find a complete set of EEOC guidelines here:
https://www.eeoc.gov/laws/guidance/cm-615-harassment

[pnwmom]

38. Here. Cuomo and his team have already been making calls that staffers thought were intimidating.

The only means of achieving the separation called for by the EEOC guidelines, that would work in this situation, would be for Cuomo to take a paid leave.

https://www.eeoc.gov/sites/default/files/migrated_files/policy/docs/harassment-facts.pdf

Before completing the investigation, the employer should take steps to make sure that
harassment does not continue. If the parties have to be separated, then the separation should
not burden the employee who has complained of harassment. An involuntary transfer of the
complainant could constitute unlawful retaliation. Other examples of interim measures are
making scheduling changes to avoid contact between the parties or placing the alleged
harasser on non-disciplinary leave with pay pending the conclusion of the investigation.

[spooky3]

47. Thank you. I did not know this. nt

[Beastly Boy]

61. What you cite as a guideline is not a guideline.

It is an example, one of several, followed by your own interpretation as being the only one applicable in this situation. In the example you erroneously cite as a guideline, the alleged harasser has no say in what action should be taken, according to EEOC. It is up to Cuomo’s employer (the State of NY), not Cuomo himself, to determine the proper course of action. This matter has been referred to a designated representative of the employer (NY AG Leticia James). She is fully aware of employee complaints. It is up to her to determine which interim course of action is applicable, if any. In no event is Cuomo obligated to put himself on paid leave. In fact he has no authority to do so.

So, according to your source, the action you propose is not the only means of achieving interim separation, it is not called for by EEOC guidelines, and it is not contingent on Cuomo allegedly making calls that the complainants consider to be intimidating.

[ripcord]

33. Cuomo is going to be held to a high standard

But at least they are standards he set.

https://www.governor.ny.gov/news/governor-cuomo-signs-legislation-enacting-sweeping-new-workplace-harassment-protections

[iemanja]

52. that is not a high standard

A man would be fired for that behavior in any workplace in this country. It's time these women sued the State of NY for creating a hostile environment by allowing a sexual predator to remain in a supervisory position.

[Snackshack]

43. This is getting

Completely ridiculous. Telling the lady she was beautiful was bad... FFS...

It has become very interesting how every time a few days maybe a week lately go by and there are no negative stories about Cuomo being aired suddenly another person comes forward....

There is an investigation going on, once it concludes we will know what the next step are. If he is guilty resign/charge if possible. Right now these are all accusations. We do not convict people on accusations. Can you imagine what the world would be like if we did convict people to years in prison or worse death based on accusations alone. They did that during the Spanish Inquisition and anyone who has read about that period knows how horrible that was for society.

[Nixie]

56. +1, "telling the lady she was beautiful"...he said that in

Italian, too. An Italian guy saying it in Italian just doesn’t seem all that serious.

Agreed about the drip drip of these “ accusations”. They get more simplistic as they go on, almost as if they are just wanting to keep the headlines fed. This one in particular is unbelievably simplistic, “he looked at my breasts”. That’s it?!

[Joinfortmill]

46. First: investigate. Second: You are not helping true victims

Calling someone beautiful is now sexual harassment? And you can only look down a blouse that is open. As a woman with some experience in this matter, I am seriously pissed.

[Vinca]

57. There are instances when more is less. This is one of them. Piling on is not

helping the case of the initial accuser. It makes it appear - especially with things like cheek kissing and kisses on head - that Cuomo was probably raised in a loving family that didn't think twice about physical contact with people. The claims of him putting his hands on a woman's waist for a photo scream "Franken." I'm kind of dismayed so many Democrats are joining the pile before the investigation is finished. IMO, the problem is people have never liked Cuomo because he can be a real dick and this is their route to get rid of him and get a little payback, too. And, for the record, I've never been a fan of his because of his demeanor, but politicians should be ousted at the ballot box.

[torius]

65. I will take the jobs

that they don't want. I am female and have had a gross boss who would say all kinds of sexual and racial-sexual things to me (I'm half Asian) and was occasionally physical, also called me at home when he was drunk. I had had a female bully boss (she was eventually forced to retire, at retirement age after an employee uprising, and this was working for NYS-the state called a big agencywide meeting and we were asked to make collages about how we felt about her), a boss somewhat like Cuomo but not handsy, and a polite racist (that was the worst by far as it affected my job duties). I feel the most psychologically hurt to this day by the racism. Temp jobs full of men saying gross sexual things to each other.

All these in NYC. No desire to get back at anyone years later. I did what I could on my own, sometimes it worked, sometimes not. NYC is tough. Many offices are dysfunctional with people on power trips for sure. The NYT talks about how older women are more used to that (and I'm getting up there, only the racist one was after the year 2000). But yeah I would gladly take the job if it's open!

[pnwmom]

66. Yes, this is common. It's still illegal, and Cuomo himself signed a NY state law

about sexual harassment.

The only way to end it is to stop accepting it.