Every case is won or lost based on the evidence.  This is especially true in employment discrimination, sexual harassment, and hostile work environment cases.

Start with the basics:  your employee handbook, benefits descriptions, pay stubs, job offer letter, and contract if you have one.  Also gather any documents that describe who you work with and what type of work your do.  This includes organizational charts, job descriptions, and work schedules.

You will be amazed at the useful nuggets an experienced employment lawyer will find in these basic employment documents.  Your employee handbook, for example, may give you legally enforceable rights.  Your offer letter or contract, pay stubs, and benefits descriptions will help prove economic damages.  Organizational charts will help prove who your supervisors are, which may be critical to holding your employer responsible for the acts of co-workers.    

Pull together any records of your job performance such as copies of your work product, performance reviews, commendations, and awards.  In most employment discrimination and harassment cases, the employer will claim that they acted for non-discriminatory reasons.  You want ammunition in the form of evidence to show that your job performance was satisfactory or better.

Potential Witnesses
Make a list of everyone who knows anything about what happened.  Start with anyone who actually saw or heard what happened.  Those are the obvious witnesses.

Other types of witnesses are equally important.  Identify anyone who may have suffered from similar conduct.  Also identify anyone who can testify that you were a good employee or who can support your claims of emotional distress.  Potential witnesses include co-workers, family members, and friends.

For each potential witness, give your lawyer their name, job title, and a brief description of what they know.  Provide contact information if you have it.

Evidence of Discrimination and Harassment
If you make a formal complaint to human resources or a supervisor, keep a copy of your complaint and any responses.  How you described the discrimination or harassment to your employer, and how your employer responded, are some of the most important evidence in any employment discrimination or harassment case.

Obviously, you should also gather and preserve any direct evidence of discrimination or harassment.  This may include documents, emails, text messages, voicemail messages, images, and audio recordings.  This type of evidence can be very powerful. 

There is no requirement to have an audio recording of discrimination or harassment, and it often does not exist.  But when it does, it often leads to an early settlement or a large jury verdict.

In New York, you are allowed to record conversations secretly as long as you are a participant in the conversation.  For example, if you are talking to your harasser face-to-face, you may record the conversation without telling them.  But you may NOT leave a recording device in a room to record conversations when you are not there.  When in doubt, consult with your lawyer.

Evidence of Emotional Distress
If you have suffered any stress or emotional distress caused by discrimination or harassment at work, then you should consult with a healthcare professional right away.  The healthcare professional can be a psychologist, social worker, counselor, or even your family doctor.

Whether you are depressed, angry or just anxious, a healthcare professional can help you regain your confidence and peace of mind.  That alone is a good reason to talk to them. 

Consulting a healthcare professional will also help prove your case for damages.  The fact that you consulted them will help prove that your emotional distress is real.  They may also be able to provide evidence that will help prove the amount of your damages, such as their treatment notes or changes in prescriptions for high blood pressure to deal with stress.

The Bad Evidence
Don’t forget the bad evidence!  No case is perfect.  It is critical that you disclose any bad evidence to your lawyer right away.  The only truly bad evidence is evidence that comes as a surprise to your lawyer.  Be open and honest at the beginning about the good, the bad, and the ugly.  That is the best way to prepare your case for success.

Disclosing problems in advance will give your lawyer the chance to develop a strategy to counter it.  This may include working with you to explain it away, countering it with other evidence, using the discovery and evidentiary rules to exclude or restrict the use of bad evidence, or developing a strategy to settle the case before the bad evidence becomes a problem.

If you have questions about how to prove your case for employment discrimination, sexual harassment or a hostile work environment, call us at today (212) 601-2728 to schedule a free and confidential consultation.

If you are paid on an hourly basis, then you must be paid one and one-half times your regular hourly rate if you work more than 40 hours in a work week.

There is an exception for certain employees of hospitals and nursing homes.  Under certain circumstances, their right to overtime compensation is based on 80 hours every two weeks.  For everyone else, however, overtime pay begins after you have worked 40 hours in a single week.

Employers who fail to pay overtime can be required to pay not only the unpaid overtime compensation but also an equal amount as liquidated damages.  In other words, if you have been denied overtime pay, then your employer may have to pay you two times what you are owed.  Your employer will also have to pay any attorneys fees and costs.

Under federal law, you may recover up to three years of unpaid overtime.  Under New York state law, you may recover up to six years of unpaid overtime.

Your employer must pay you for all the time you spend working, even for time you spend working at home or before or after regular business hours.  For example, you may be entitled to overtime in the following situations:

• you start work before your regular shift or start time;
• you stay late to finish work after your regular shift or start time;
• you have to work through lunch breaks;
• you take work home at night to finish it, and your employer is aware that you are doing this;
• you are "on call" at home and must report back to work within an hour's notice;
• you work more than 40 hours in a work week, even if your employer gives you time off  ("comp time") the following week;
• you are required to travel overnight for company business.

Your employer is not allowed to ask you to waive your right to overtime.  In addition, your employer may not settle your claim to overtime by paying less than the full amount you are owed.  If they want to settle your claim without a lawsuit, then they must pay you 100% of that you are owed.

If you believe that your employer has failed to pay you for all the overtime you have earned, then you should consult with an experienced employment lawyer immediately. There are strict deadlines to file your claim.  Call us today at 212-601-2728 to schedule a free and confidential consultation.

Shefa Wellness Center, a medical practice specializing in cosmetic skin care treatments, agreed to pay $37,000 to settle a pregnancy discrimination lawsuit.

A skin care specialist with the medical practice complained to the U.S. Equal Employment Opportunity Commission (EEOC) that her employer initially cut her hours and then fired her after learning that she was pregnant.  

According to court documents, the skin care specialist assured her employer that she was capable of performing all of her job responsibilities.  The employer allegedly responded that she had deceived the company by not disclosing her pregnancy during her job interview.

After the EEOC brought a lawsuit on behalf of the employee, the employer agreed to settle the pregnancy discrimination claims by paying the employee $37,000.00.

Firing a woman because she is pregnant – or because she fails to inform an employer of her pregnancy – violates the Pregnancy Discrimination Act (PDA).  Under that law, employers are prohibited from discriminating against women due to pregnancy or a pregnancy-related condition.

If you have been discriminated against because you are pregnant, plan to become pregnant, or have a pregnancy-related illness, you should consult with an experienced employment lawyer immediately to protect your rights.  Call us today at (212) 601-2728 to schedule a free and confidential consultation.

Here’s a secret based on 30 years of experience with sexual harassment cases.  Men who sexually harass women are cowards.  They harass women because of their own deep and serious insecurities.

Here are four ways you can and should respond:

1.  Tell the harasser to stop and report them to human resources or a supervisor. 

Tell them clearly that their conduct is not welcome.  You will be surprised how often this ends the harassment.  Harassers who seem strong when they think you are weak often whimper away when you stand up to them.

2.  Get moral and emotional support from a close friend or family member. 

You do not have to go through this alone.  Tell them what is happening and how it is affecting you.  Having a trusted confidant will reduce stress and help you make better decisions.  You will be empowered knowing that you are not alone.

3.  Ask friends at work if they have been harassed or know of others who were. 

There is strength in numbers.  And you will be surprised.  You are probably not alone.  When harassment is allowed in the workplace, it tends to fester and grow until it is stopped for good.

4.  Consult with a counseling professional. 

You may be determined to stay strong, but that doesn’t mean you are free from stress.  Counseling professionals are trained to help you understand how the harassment may be affecting you in subtle ways.  I know very successful corporate executives who work with counselors to understand their emotions and how they are reacting to what is happening around them.

Counseling professionals are compassionate by nature.  They are also trained to give you objective advice.  Unlike a family member or close friend who might “pull punches” because they do not want to hurt your feelings, a counselor can tell it to you straight.  You need that balance of professional advice and unconditional support.

These benefits alone are good enough reason to seek professional help.  Gaining the confidence and strength to object to the harassment and managing any stress it causes should be your first priorities.

Reporting the harassment, confiding in a close friend, and getting help from a professional counselor are also the best ways to build a case against your employer for damages.  Taking these steps will help to prove that you really were harassed and that your emotional harm is real.

For more information on how to respond to sexual harassment, call us at (212) 601-2728 to schedule a free and confidential consultation.

Every act of discrimination or harassment at work creates stress.  Over time, the stress can build up until you reach a point of severe emotional distress. 

You may be awarded significant money damages for emotional distress.  How much you will be awarded depends on the evidence. 

Your own testimony is important.  You can explain how the discrimination or harassment made you feel, and the emotional and physical impacts it had on you.  To win a very large damages award for emotional distress, however, you will need more than your own testimony.

Here are six simple steps you can take to increase your chances of winning a very large monetary award for emotional distress.

1.  Share Your Feelings with a Close Friend or Family Member

Do not go through this alone.  Share what is happening with a close friend or family member.  Let them know what is happening and how it is affecting you.

Even if you never take any legal action, having someone who can listen and provide emotional support is important to keep you sane and strong.  You need that support in order to make good decisions.

That person can also provide important evidence to support your claim for emotional distress damages.  They can testify about when the discrimination and harassment started, how it made you feel, how it changed your moods or even your personality, and how it progressed over time.  This will be important evidence to corroborate your own testimony. 

2.  Consult a Healthcare Professional

If you have suffered any stress caused by events at work, then you should consult with a medical professional, counselor, or social worker.

Talk to your physician about the stress you are feeling.  Explain any effects the stress is having on you, such as difficulty sleeping, mood swings, or changes in appetite.  Let your physician examine you for any physical signs of distress.  You may discover that your blood pressure is elevated or that there have been other physical changes since your last checkup.  You need to know these things right away in order to protect your health and well-being.

Talk to a counselor or social worker about any stress, anxiety, or other feelings.  Professional counselors are empathetic by nature.  They are also trained professionals who can help you understand how the stress may be affecting you in subtle ways that you do not notice.  They can also help you cope with the stress and gain the confidence you need to make smart decisions about how to respond to what is happening at work.

Whether you are depressed, angry or just anxious, talking to professionals is the right thing to do for your physical and mental health.

Consulting healthcare professionals will also increase your chances of winning a significant money damages award.  Testimony from a physician, social worker, or counselor is powerful evidence of emotional distress.  Their testimony and records about the impact the events at work have had on you will help prove that the events at work really did happen, and that they were severe enough to justify a large damages award.

3.  Take Detailed Notes of What is Happening

Write down everything that is happening to you in terms of discrimination or harassment at work.  Make these notes on a daily basis.  Put the date at the top of each note.  Describe exactly what was said or done, when it happened, who was involved, and who witnessed it.  Most importantly, describe how the events made you feel.  Describe in detail whether you were nervous, anxious, or hesitant to go back to work.  Explain any physical effects such as difficulty sleeping, loss of appetite, or heart palpitations.  Write down any unusual changes in your behavior such as mood swings or lashing out at a friend for no good reason.

Your notes can help you remember details that will make your testimony more powerful.  They may also be used as evidence under certain circumstances.

4.  Consider Making an Audio Recording

An audio recording can be powerful evidence of how severe the discrimination or harassment has been.  There is no requirement to have such evidence, and it often does not exist.  But when it does, it usually leads to an early settlement or a large jury verdict.

In New York, you are allowed to secretly record a conversation as long as you are a participant in the conversation.  In other words, you may use a concealed recording device such as a smart phone to record your conversations with others.  You do not have to tell them that you are recording the conversation as long as they know that you are able to hear what they are saying.  But you are not permitted to leave a recording device in a room or attached to a phone and leave.  You must be a participant in the conversation in order to record it.

There is another important exception.  Some employers prohibit recording devices in the workplace for security reasons or to protect their intellectual property.  Be sure to check your employee handbook or manual before recording conversations in the workplace.  When in doubt, check with your lawyer before you record the conversation.

5.  Make a List of Witnesses

Make a list of everyone who knows anything about what happened and how it has affected you.  Start with anyone who actually saw or heard what happened.  Include anyone who may have suffered from similar conduct.

Witnesses who saw you shortly after offensive conduct can be very important.  Someone who saw you immediately after an incident may be able to testify that you were noticeably shaken up.  That type of testimony can help corroborate your claims and prove that you are entitled to damages for emotional distress.
​
6.  Talk to an Experienced Employment Rights Lawyer

The internet is a great place to start looking for information about your legal rights.  But it can also create confusion.  Do you have a strong case?  Will the lawyer represent you on a contingency fee basis?  Should you file a complaint with your employer?  Should you file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR)?

Do not let these questions increase your stress level.  Talk to an experienced employment lawyer who can answer all your questions.  We begin with a simple, confidential conversation.  You tell us what has been happening to you.  We listen.  Then we tell you what your options are.

Call us today at (212) 601-2728 to schedule your free and confidential consultation.

The U.S. Department of Labor has found that hospitals, nursing homes, and healthcare agencies frequently fail to pay nurses and other healthcare workers for all the hours they work.

In general, “hours worked” includes all the time you must be on duty, including time spent before or after your regular shift.  It also includes breaks of 20 minutes or less.  If you have to stay after your shift to give a report to the nurse on the next shift, or if your meal breaks are interrupted, then you must be paid for your time.

It may not seem important, but just 10 to 15 minutes per day can add up to 40 or more hours per year.  That is a full week or more of compensation that your employer may be stealing from you.

Here are the top five ways employers cheat nurses, physical therapists, home health aides, and other healthcare workers out of their wages.

1.  Interrupting Meal Breaks

One of the most common violations of the wage and hour laws happens when a hospital or nursing home automatically deducts for meal breaks, even when you were not able to take the full break.

Meal breaks that last 30 minutes or more are not work time, and an employer does not have to pay for them.  The break, however, must be completely uninterrupted.  If you have to answer calls, keep an eye on things, or respond to work-related questions during your meal break, then your meal break may not be deducted from the number of hours you worked.

You also must be paid for rest breaks that last 20 minutes or less.  It does not matter whether you use this time to drink coffee, go to the rest room, or make a personal phone call.  If the rest break lasts less than 20 minutes, you must be paid for that time.

If your employer is deducting for breaks when you cannot take the full break or are interrupted while eating, then you may have a significant claim for damages.  You may recover two times the amount of compensation you are owed.

2.  Failing to Pay for Work Done Before or After Your Regular Shift

Every nurse I have ever met (including my wife) has worked before or after her scheduled shift, and they have often done so without being paid for the extra time.  For example, many nurses stay an extra 10 or 15 minutes after their shift ends because their replacement has not yet arrived or because they have to give a report.  You must be paid for that extra time.

Some nurses, physical therapists, and other healthcare employees do other types of work before or after their shift.  When things are busy, it is not unusual to stay late to finish patient charts.  We have also represented physical therapists who had to work on their treatment notes at home because there wasn’t enough time to complete them during the work day.  You must be paid for that extra time as well, even if you are doing it at home.

3.  Rounding Down the Number of Hours You Worked

A hospital or nursing home is allowed to track the number of hours you work in 15-minute increments.  If you work for 7 minutes or less, your time may be rounded down and not counted as hours worked.  But if you work between 8 and 14 minutes, your time must be rounded up and counted as 15 minutes of work time.

For example, if you work for 22 minutes (15 minutes plus another 7 minutes), then your employer only has to pay you for 15 minutes.  But if you work for 23 minutes (15 minutes plus another 8 minutes), then your employer must pay you for half an hour.

Your employer is violating your rights, and cheating you out of your wages, if they always round down and never round up.

4.  Failing to Pay for Training Programs, Seminars, or Meetings

Many hospitals, nursing homes, and healthcare agencies claim that they can pay you at a reduced rate, or not pay you at all, for training programs, seminars, or organizational meetings.  Nonsense.  If you are required to attend training programs, seminars, or meetings, then you must be paid your regular compensation rate for your time.  You are also entitled to overtime pay at one and one-half times your regular rate if you end up working more than 40 hours in a workweek.
 
Your employer may avoid paying for your time only if all of the following criteria are met:
Attendance is outside of your regular working hours;
Attendance is completely voluntary;
The training, seminar, or meeting is not directly related to your job; and
You do not perform any productive work during the event.

5.  Failing to Pay Overtime Rates

If you are paid by the hour, then you must be paid one and one-half times your regular rate of pay when you work more than 40 hours during a workweek. 

Many hospitals, nursing homes, and healthcare agencies try to avoid paying overtime by not recording all of your hours, by deducting time for breaks that you never actually took, or by asking you to work “off-the-clock.”  These are all illegal practices that cheat you out of your wages. 

Some hospitals and nursing homes may qualify for an “80 and 8” rule.  Under this rule, your right to overtime is based on working 80 hours during a two-week period.  For example, if your employer qualifies for the 80 and 8 rule, and you work 35 hours during week one and 45 hours during week two, then you are not entitled to overtime pay because you worked 80 hours during a two-week period.

The 80 and 8 rule only applies if there is a prior agreement with your hospital or nursing home.  It also requires that you be paid at your overtime rate when you work more than 8 hours in a single day.

Are You Unsure About Your Compensation Rights?

The wage and hour laws can be very confusing, especially for nurses, physical therapists, and other healthcare workers.  If you believe that your employer may not be paying you everything you have earned, you should consult with an experienced employment attorney to understand your rights.  You may have a claim for substantial damages.

Call us today at (212) 601-2728 to schedule a free and confidential consultation with an experienced employment lawyer.

The Howley Law Firm has filed a federal race discrimination lawsuit against United Hospice, Inc. on behalf of a group of social workers and a volunteer coordinator.
 
The plaintiffs allege that they have been subjected to discrimination and a hostile work environment by United Hospice, Chief Executive Officer Cara Danielle Pace, and Clinical Services Director Judith Peacock.  The complaint alleges that senior managers regularly demean and humiliate Hispanic and Black employees in the workplace and deny them the same terms and conditions of employment as their White co-workers.
  
The pattern of discrimination alleged includes discriminatory treatment that has put the health and safety of minority employees at risk during the COVID-19 pandemic.  While many White employees have been allowed to work remotely during the pandemic, Hispanic and Black employees complain that they have been required to engage face-to-face with patients and their families – including those who are infected or exhibiting symptoms of COVID-19 infections – even when services could be provided remotely.
 
The employees claim that they have tried to discuss their concerns of discriminatory treatment with the individual defendants, the Human Resources Director, and at least one member of the Board of Directors, only to have their concerns dismissed out of hand.  They also claim that United Hospice, Pace, and Peacock have retaliated against them.
 
The complaint describes a workforce that is is segregated by race.  All the executives are White.  All the department directors except one are White.  All the spiritual advisors except one are White.  Almost all the nurses are White.  Most of the full-time social workers who travel to the community homes and other care settings of patients and their families are Hispanic.  All the home health care aides are Black or Hispanic.
 
Plaintiffs assert that this stark segregation of the workforce is exacerbated by discrimination and a pervasively hostile work environment for Hispanic and Black employees.
 
The complaint alleges claims of race discrimination, a hostile work environment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., 42 U.S.C. § 1981, and the New York State Human Rights Law, N.Y. Executive Law §§ 291, et seq.  One plaintiff also asserts claims against United Hospice for violations of her rights under the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq.
 
Plaintiffs are dedicated to their work with hospice patients and their families, many of whom are also Black and Hispanic.  They seek a permanent injunction prohibiting any further acts of discrimination or retaliation, as well as an award of compensatory and punitive damages for past acts of discrimination and retaliation.
 
The case is Alvarado v. United Hospice, Inc., No. 7:20 Civ. 10790 (S.D.N.Y.).  For more information, contact The Howley Law Firm at (212) 601-2728.

Pharmacy Solutions, a pharmaceutical compounding business, agreed to pay $85,000 to settle claims that it discriminated against female workers when they became pregnant.

The company violated the Pregnancy Discrimination Act of 1978, according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).  The EEOC’s complaint charged that the company’s owner made negative remarks about one employee’s pregnancy shortly after she started doctor visits.  The owner made negative comments about another employee’s pregnancy when she asked to switch her days off to see her doctor.  Both employees were fired in the same month.

The Pregnancy Discrimination Act makes it illegal for an employer to take adverse employment action because of an employee’s pregnancy.  The types of adverse employment actions that are prohibited include terminating an employee because she becomes pregnant or refusing a reasonable accommodation to allow the pregnant employee to continue working.  The law is designed to ensure that pregnant women can make decisions about their careers without fear of bias or discrimination by their employer.

The employer in this case agreed to settle the claims of pregnancy discrimination by paying $85,000 in lost compensation to the employees and agreeing to an injunction prohibiting future discrimination on the basis of pregnancy.  The company also agreed to establish and implement a written policy prohibiting discrimination in the workplace, including on the basis of pregnancy and sex. 

This is just one of a growing number of pregnancy discrimination cases that the EEOC and private lawyers are filing every year.

You do not have to face this type of discrimination alone.  The employment laws protect women who are discriminated against because they are pregnant, plan to become pregnant, or need an accommodation for a pregnancy-related illness or disability.  Call us today at (212) 601-2728 to schedule a consultation with an experienced employment lawyer.

​Nurses of color are dying from COVID-19 at disproportionately high rates.  While more than 80 percent of nurses in this country are white, almost 60 percent of nurses who have died of COVID-19 are nurses of color.  More than 30 percent of nurses who have died are Filipino, even though they account for only 4 percent of all nurses nationwide.

Part of the story is simply tragic.  Nurses of color tend to work in urban areas hardest hit by the pandemic.  Many work two jobs or double shifts to support extended families.  More shifts mean more exposure to the virus.

Part of the story, however, is inexcusable and illegal discrimination.
​
Discrimination in Terms of Tele-Commuting and Personal Protective Equipment

We recently filed a lawsuit against a hospice on behalf of Hispanic social workers for discrimination in terms of permission to work remotely, the provision of personal protective equipment (PPE), and accommodations for those who are at higher risk of complications from COVID-19 infections.
The complaint alleges that the hospice's workforce is segregated by race.  All the executives and almost all the nurses are White.  Most of the full-time social workers are Hispanic.  All the home health care aides are Black or Hispanic.

This stark segregation of the workforce is exacerbated by discrimination and a pervasively hostile work environment for Hispanic and Black employees.

For example, our complaint alleges that most white employees were allowed to work remotely -- including the mostly white nurses who were providing medical care -- while Hispanic social workers were required to work face-to-face with patients and family members who are infected with COVID-19.  The Hispanic social workers were also denied adequate personal protective equipment (PPE) and training.

One Hispanic social worker with a compromised immune system was told that she had to visit families and patients in their homes after they tested positive for COVID-19 unless they were “actively infectious.”  The hospice has not explained how an individual who tests positive for COVID-19 could be considered not “actively infectious.”

Discrimination is Illegal

The rules for dealing with COVID-19 are complicated, confusing, and seem to change constantly.  But one rule remains the same.  When it comes to protecting you from COVID-19 in the workplace, your employer may not discriminate against you based on your race, religion, national origin, gender or sexual orientation.  Your employer also must work with you to develop a reasonable accommodation for any disability that may make you more susceptible to COVID-19 complications.  A disability may include a pregnancy, a compromised or weakened immune system, or another medical condition that increases your risk of complications.

You do not have to put your life at risk to keep your job.  If your employer has discriminated against you in terms of PPE or work assignments during this pandemic, give us a call at (212) 601-2728 to schedule a free and confidential consultation.  You may have a claim for compensatory and punitive damages.

Governor Andrew Cuomo’s attempt to control the investigation of sexual harassment allegations against him is a classic move by a powerful man.  And it explains why many women who have been sexually harassed are afraid to come forward.  Their biggest fear is a whitewash to protect the powerful man they have accused.

In the corporate world, executives who are accused of sexual harassment often respond by hiring a prominent law firm to conduct an investigation.  Their company pays the law firm hundreds of thousands of dollars, and sometimes a million dollars or more, for a team of lawyers to review documents and emails, conduct interviews, and write a lengthy report.  The lawyers almost always conclude either that the client that hired them did nothing wrong, or that while mistakes may have been made, the client that hired them did not violate any laws.

Cuomo’s first move was to follow the corporate executive playbook.  He wanted to choose and hire a partner at a prominent law firm to conduct the investigation.  Whether or not that particular lawyer would have conducted a legitimate investigation is irrelevant.  Allowing the accused to choose the investigator would have sent a message to his accusers that the investigation was rigged.

Imagine for a moment that you are a victim of sexual harassment.  You are concerned that accusing a powerful man will have an impact on your privacy and your career.  You decide that you must come forward despite those risks.  You have faith that the justice system will seek out the truth.  Then the person who sexually harassed you announces that he will choose and hire the investigator.  It does not inspire confidence in the outcome.

Having failed at his attempt to hire his own investigator, Cuomo next tried to get the New York Attorney General and the Chief Judge to choose an investigator.  With one caveat.  The so-called investigator would not have the power to subpoena any witnesses.

Fortunately, New York Attorney General Letitia James is no Bill Barr.  A person of integrity, she insisted that the investigation be conducted according to New York law.  She will appoint an independent investigative team, deputize them as attorneys in the Attorney General’s office, and give them full investigatory power under state law.

Attorney General James has promised “a rigorous and independent investigation.”  Everyone involved – the Governor, his accusers, and the public – should want nothing less.

If you are facing sexual harassment, call us at (212) 601-2728 to schedule a free and confidential consultation.  We will listen to you, explain your rights, and let you know what your options are.