The investigation's findings may pave the way for a criminal probe after Albany's top prosecutor said his office would 'welcome any victim' to come forward
But the state attorney general's office found Cuomo and his office "actively engaged in an effort to discredit her." Such actions and retaliation against someone who came forward with claims of sexual harassment violates multiple state and federal laws, including Title VII of the Civil Rights Act of 1964 and the executive chamber's own equal employment policies.
"I don't think they applied that standard here," Gilleon said, adding they would have used a test of "more likely than not" that the events occurred. "And they believed the women because of their credibility, their motivation ... and the fact that multiple women were saying similar things — that adds credibility to each of the women.
Gilleon said he believes criminal charges are possible given how politicized the case is and the expectations that Cuomo face consequences, but prosecutors will have to determine the extent of the groping as well. Marjorie Mesidor, a New York lawyer specializing in employment law and sexual harassment claims, said the length of time that has elapsed in some of these incidents would make criminal charges unlikely.
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