National
Gloria Allred: HRC prez may be liable if found to have aided in Cuomo cover-up
High-profile attorney says taking personnel file violates privacy rights
Attorney Gloria Allred, responding to questions about the Human Rights Campaign president’s links to the Andrew Cuomo scandal, said taking an employee’s personnel file after leaving a place of employment would be a violation of privacy rights — and Alphonso David could be individually liable if a court found he aided in disseminating that information to the media.
“Mr. David may be individually liable under New York law if a court determines that he did in fact ‘aid and abet’ Gov. Cuomo in retaliating against Ms. Boylan by providing Gov. Cuomo’s aides with a copy of her personnel file to leak to the media,” Allred said.
Allred, the Los Angeles-based women’s rights attorney known for taking high-profile cases and the lawyer for three of the women accusing Cuomo of sexual harassment, made the assertions Tuesday via email in response to inquiries from the Washington Blade on David’s presence in the New York attorney general’s damning report, which found Cuomo violated the law by sexually harassing as many as 11 women in his office.
Asked by the Blade whether she’s aware of any New York State or federal law, policy, regulation, rule or ethics guidance against taking personnel files and whether David’s actions as described in the report would violate that, Allred said she’s not aware of any such law or rule for a departing public entity employee, but didn’t stop there.
“I would argue that doing so may be violative of the privacy rights of the employees whose personnel file was taken,” Allred said.
Allred conceded public sector employees generally may have fewer privacy protections than a private sector employee, pointing out the public may request a public sector employee’s personnel file through New York’s Freedom of Information Law. Further, Allred said New York law “does not expressly state that the entire contents of an employee’s personnel file is ‘confidential.'”
Nonetheless, Allred said personnel files typically contain confidential information under New York law, including personal identifying information like Social Security numbers, home addresses, telephone numbers, personal electronic mail addresses, internet passwords, confidential medical information/history protected by HIPAA.
Disciplinary records, Allred added, may also be included in this category of confidential information “depending on a number of factors.”
“Thus, I would argue that a departing employee should not keep copies of a coworker’s personnel files because it likely contains confidential information and doing so may violate that employee’s privacy rights,” Allred concluded.
According to the New York attorney general’s report, Cuomo aides sought to distribute unflattering material from the personnel file for Lindsey Boylan, who made sexual harassment accusations against him, in an attempt to discredit her. One aide — as part of that effort — reached out to David in December 2020, after David had left the governor’s office as counsel and was serving as Human Rights Campaign president, and asked for the “full file” for Boylan, the report says.
David, according to the report, took material from a separate, unrelated employment incident unflattering to Boylan, and arranged for the material to be given to Cuomo. The report doesn’t explicitly say David participated in efforts to distribute that material to the media, which was revealed to be an incident of alleged racial discrimination. David has denied all wrongdoing.
Allred, however, said Boylan can argue that she experienced illegal retaliation in violation of New York State law because she believes the AG office sent her personnel file to the media — and David could be in trouble if a court found he helped with that effort. Allred concluded David may be “individually liable” if a court found he was engaged in efforts to leak personnel material to the media.
The Human Rights Campaign, which announced on the day after the report was released that David’s contract as president has been renewed for five years, has stood by him, but announced it has hired the law firm Sidney Austin LLP to conduct an independent investigation of the matter that will take no longer than 30 days.
A representative for David, asked by the Washington Blade to respond to Allred’s assertions, denied the underpinnings on which they were made, saying the Human Rights Campaign president didn’t take a “personnel file.”
“David did not take any employee’s ‘personnel file’ as suggested,” the representative said. “This claim arises from blatant misinformation concerning Mr. David’s role in the Cuomo investigation. Mr. David did keep a copy of a memorandum concerning a matter he worked on because it was, in part, his work product (which is entirely permissible and standard practice for many).”
The legal representative added “to be absolutely clear,” as David has said before, he was required to produce the memo pursuant to rule 1.16 of the rules governing legal counsel.
“He did not provide any documents to the media concerning any Cuomo accuser,” the representative said. “This insinuation is categorically false and is not supported by any finding in the Attorney General’s investigation.”
Allred, asked to respond to those refutations, made clear she never said David undertook those actions in responding to the Blade’s question on his actions as described in the New York attorney general report.
“I never stated that Mr. David provided any documents to the media concerning any Cuomo accuser, nor did I ever state that Mr. David took any employee personnel file or records,” Allred said.
The situation with David continues to leave the Human Rights Campaign in turmoil After a tense staff meeting last week, another meeting with David, the board and staff took place over the phone on Tuesday that was emotional and confrontational, sources familiar with the meeting told the Blade.
David spoke at the beginning, reiterated his denial of wrongdoing, was emotional, but mostly stepped aside so others could talk, sources said. Michael Vazquez, an HRC staffer who has worked on faith organizing for the LGBTQ group, announced he is leaving, citing a culture of bullying and harassment, sources said.
A representative for the Human Rights Campaign, asked to comment on the meeting, confirmed it took place, but said it was a regularly scheduled staff meeting.
It’s unclear whether the situation will have any major impact on the ability of the nation’s leading LGBTQ group to conduct its mission, or whether its fundraising efforts have suffered, which could lead to layoffs for an organization already experiencing high turnover.
The HRC representative referred the Blade to an earlier statement on the matter when asked about changes in fundraising or plans for layoffs.
“This investigation will in no way hinder the organizations’ continued pursuit of the critical work necessary to bring equity and liberation to the LGBTQ+ community,” the representative said.
Allred, in addition to representing women in sexual assault cases, has been an advocate for LGBTQ rights and represented a same-sex couple in California that won marriage rights in the state in 2008 before they were taken away by Proposition 8 and later restored by the U.S. Supreme Court.
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
The White House
Trans workers take White House to court over bathroom policy
Federal lawsuit filed Thursday
Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.
The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”
The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.
Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.
The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.
“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.
Withrow detailed the daily impact of the policy in her statement included in the lawsuit.
“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.
The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.
“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”
In addition to withholding food and water, the policy subjects her to ongoing stress and fear:
“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”
“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”
Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.
“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.
Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.
“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”
“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”
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