19 August 2021: National Law Review Explains Why NY AG's Report Was Effective in Demolishing Cuomo's Credibility

The Cuomo Report: An Employment Lawyer’s Takeaways and Tips on Conducting Workplace Investigations

This analysis piece by Michael Clarkson explores why the New York Attorney General's report on that office's investigation of sexual harassment claims alleged against New York Governor Andrew M. Cuomo was so damaging to his prospects of remaining in office.

The August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation into Allegations of Sexual Harassment by Governor Andrew M. Cuomo” resulted in his resignation on August 10, 2021, and renewed attention to the #MeToo movement. As a political wonk and an employment lawyer, these events have been of great interest. Also noteworthy, are the lessons one can glean from the report in how to conduct an effective workplace investigation.

Credibility is key to any workplace investigation. Judging credibility and articulating the basis for what makes a witness credible (or not) is perhaps the most important skill of any workplace investigator. In finding that the allegations against Governor Cuomo were credible, the Cuomo investigators relied on the fact that the complaints were contemporaneously memorialized and timely reported, the motivation of the complaining witnesses (particularly their reticence to complain), the specific nature of the allegations, photographs, and text messages, among other factors. These factors—particularly when compared with Governor Cuomo’s “generalized statement[s]” and “blanket denials”—were overwhelming.

Cuomo often promised he would come forward with compelling evidence to support his claims the allegations against him were false, but ultimately never did, despite publicly committing to do so.