News
Damning N.Y. AG report on Cuomo ensnares HRC president
The damning report finding New York Gov. Andrew Cuomo violated the law by barring sexually harassing as many as 11 women on his staff has ensnared the president of the nation’s leading LGBTQ group, Alphonso David of the Human Rights Campaign.
The damning report finding New York Gov. Andrew Cuomo violated the law by sexually harassing as many as 11 women on his staff has ensnared the president of the nation’s leading LGBTQ advocacy group, Alphonso David of the Human Rights Campaign.
Although David insists the report does not indicate any wrongdoing on his behalf, the findings indicate after his tenure as counselor to Cuomo, that he kept the personnel file for an employee within the office accusing the governor of sexual misconduct, then assisted in efforts to leak that file to the media in an attempt to discredit her.
Further, the report finds David allegedly said he would help find individuals to sign their names to a draft op-ed that sought to discredit the survivor, but went unpublished, although he wouldn’t sign the document himself. Also, the report indicates David was involved in the discussions about another staffer secretly calling and recording a call between a former staffer and another survivor in a separate effort to smear her.
The explosive report from New York Attorney General Letitia James sent shockwaves when it came out Tuesday at a time when the country is still grappling with the treatment of women in the workplace after the “Me Too” movement, prompting fellow Democrats — including President Biden — to call on Cuomo to resign. Cuomo has denied the conclusions of the report and not given any indication he’ll step down from his position as governor.
Nearly a dozen references are made in the report to David, who prior to his tenure as president of the Human Rights Campaign served as counsel for Cuomo. In fact, the report came out on the two-year anniversary of David’s joining the Human Rights Campaign after his time in public service for the State of New York.
Following the issuing of the report on Tuesday, David joined the chorus of high-profile individuals calling on Cuomo to resign as governor. David tweeted, “After reading the AG’s devastating report that concluded Gov. Cuomo engaged in a pattern of sexual harassment, in violation of both federal and state law, he should resign.” The tweet, however, ignores his mentions in the findings or alleged participation in discrediting sexual harassment survivors.
Criticism of David emerged from both the right and left in the aftermath of the report at a time when morale among many in the LGBTQ movement is low amid states advancing and enacting anti-transgender legislation and inaction on the Equality Act in Congress.
The Human Rights Campaign itself has had significant turnover, including in the communications department. Last year, the organization laid off 22 employees, citing the coronavirus pandemic, at a time when the latest IRS 990 for the organization revealed former president Chad Griffin and David drew combined compensation of more than $825,000 in fiscal year 2019. (From January-August 2019, Griffin earned $570,446 plus $18,771 in other compensation; David earned $229,332 and $7,016 in other compensation for the balance of that year after taking over the job.)
David, responding to the report on Cuomo in an email to board members of the Human Rights Campaign and in a phone interview late Tuesday with the Washington Blade, is standing firm in denying any wrongdoing.
In the email to board members, David said the findings “are beyond comprehension to me and they break my heart as a former employee,” referencing the tweet he made calling for Cuomo to resign but also addressing the sections pertaining to himself. David confirmed the accuracy of the email to the Blade.
Maintaining he “had no knowledge of the allegations of harassment outlined in the report,” David said he informed the board of ignorance on the issue “earlier this year” and except for one person, he doesn’t know any survivors referenced in the report. Further, David said that one person “never disclosed” any allegations of sexual misconduct. David discloses his “substantive engagement” with this survivor “involved an investigation of her regarding allegations of racial discrimination by other employees.”
“A final conclusion was ultimately memorialized in a privileged and confidential memo drafted and retained by counsel’s office,” David writes. “After initially being unable to find the file, the Governor’s office requested a copy of the electronic memo from me which I provided (as I am required to do as a former counsel) but my copy was subsequently not relied on because the office found the full official file.”
Addressing the unpublished op-ed intended to discredit the survivor, David writes Cuomo’s office “had reached out to many former employees requesting that we sign a letter supporting the Governor and the office,” but he “declined to sign the letter and it was never released.”
Speaking with the Blade, David confirmed the survivor whom he knows is Lindsey Boylan, a former senior staffer for Cuomo, who was among the first to accuse him of sexual misconduct in the workplace last year.
Meanwhile, the board of the Human Rights Campaign has shown no sign of turning on David. In fact, HRC announced it renewed David’s contract on his two-year anniversary for five more years.
Morgan Cox, chair of the Human Rights Campaign board of directors, and Jodie Patterson, chair of the non-profit Human Rights Campaign Foundation board of directors in a joint statement to the Washington Blade affirmed both boards “have full confidence in Alphonso David as president of the organization.”
“In recognition of his extraordinary leadership during extremely challenging times, we were proud to extend his contract to stay on in his role for five more years,” Cox and Patterson said. “For the last two years he has been boldly leading the organization as it works to achieve its mission: full equality for all LGBTQ people, in the midst of a global pandemic, a nationwide reckoning on racial justice, and the most important presidential election of our lifetimes.”
Speaking with the Blade, David also said he has no intention of stepping down from his position as president of the Human Rights Campaign voluntarily.
“This is my life’s work,” David said. “I’ve been a civil rights lawyer for 20 years. This is what I’ve been doing, this is what I did in government. I wrote the marriage equality law. I drafted the Paid Family Leave Law, drafted the minimum wage law, drafted regulations to prohibit discrimination against trans people. This is my life’s work. So, I intend to continue the work that I’ve been doing because the work of marginalized communities, the work to actually represent marginalized communities is too important.”
David’s role in the report stems mostly from the situation with Boylan. According to the report, Cuomo commented on her attractiveness, including comparing her to a former girlfriend; physically touched her on various parts of her body, including her waist, legs, and back; made inappropriate comments, including saying to her once on a plane, words to the effect of, “let’s play strip poker”; and kissed her on the cheeks and, on one occasion, on the lips.
After Boylan went public, the report says Cuomo’s aides “actively engaged in an effort to discredit her” as a survivor. Among the efforts cited in the report are “disseminating to the press confidential internal documents that painted her in a negative light and circulating among a group of current and former Executive Chamber employees (although not ultimately publishing) a proposed op-ed or letter disparaging Ms. Boylan that the Governor personally participated in drafting.”
David is mentioned in the report both during his tenure as counsel to Cuomo and during his time as Human Rights Campaign president. As part of a workplace conflict in 2018 noted in the report as unrelated to the sexual harassment but otherwise not described, David in his capacity as counsel was charged with managing the situation, the report says. Boylan tendered her resignation from the governor’s office. David, in his capacity as counsel, asked to create a file on Boylan and added the incident to her personnel file, according to the report.
After Boylan tweeted Cuomo is “one of the biggest abusers of all time” a secretary of Cuomo’s, Melissa DeRosa, reached out to David, who was serving as Human Rights Campaign president, on Dec. 9 for a request to see the “full file” for Boylan. David said another staffer would have the information in her possession and be able to provide the file. Days later, David sent files relating to his investigation into Boylan shortly before her departure from the governor’s office, the report says.
David is quoted in the report as saying he kept a copy of Boylan’s files because it “may have been the only instance where [he] was actually involved in a counseling of an employee when [he] was in the Executive Chamber.”
It’s not immediately clear whether David keeping a confidential personnel file of an employee after leaving the workplace violates any laws. A New York State Bar Association spokesperson said the organization has “no ethics opinion on this issue.”
The report, in a subsequent section, continues to address the personnel file from which Cuomo’s office distributed unflattering information about Boylan, saying it came from “counsel’s office,” suggesting the information, at the end of the day, didn’t come from David.
A connection between David and Boylan comes up again in the report in a discussion about a potential op-ed from Cuomo’s office that was intended to discredit Boylan, but was never published. The report says David signaled he wouldn’t be among the signatories of the letter, but would help gather signatures. According to a footnote in the report, DeRosa told other former staff members whom she had asked to sign the letter David said he would sign the letter “if we need him.”
David, commenting on the unpublished op-ed when speaking with the Blade, said there were multiple iterations of the document in a draft form. Although one version was focused on more positive aspects of the workplace under Cuomo, David said another was more focused on Boylan and he wouldn’t sign it.
“I wasn’t willing to sign it because it included facts I couldn’t verify,” David said. “I was not aware of it. I wasn’t personally involved and had no personal knowledge, so I refused to sign the letter and I think everybody else did.”
David comes up in the report in the description of another survivor’s account of Cuomo’s alleged sexual misconduct, identified in the report by her first name Kaitlin.
After coming forward with sexual misconduct allegations, Kaitlin says she suspected she would be smeared for going forward, the report says. True to her predictions, Cuomo allegedly attempted to call her and surreptitiously record her, but nothing came of the effort, the report says.
David and other Cuomo staffers were involved in the internal discussion of plans to call Kaitlin and secretly record her in an effort to defame her, according to the report.
David, speaking with the Blade, said he doesn’t deny that aspect of the report, but his role in the conversation about Kaitlin was limited and pertained to his duties as counsel to Cuomo.
“In that instance, it was simply asking me, in my role as a former counsel what the law was, not the context,” David said.
Charles Moran, managing director of Log Cabin Republicans, was among those seizing on the report as evidence corporate donors should reconsider their support for the Human Rights Campaign.
“It should disturb every corporate donor to the HRC that its president Alphonso David colluded with Gov. Cuomo to smear one of the women Cuomo sexually harassed,” Moran said. “Alphonso David’s behavior is disqualifying and he should resign immediately, but the fault doesn’t just lie with him. The Human Rights Campaign markets itself as champions for LGBT Americans. In reality, it champions left-wing Democrats – apparently even those guilty of sexual harassment – and bullies anyone who gets in their way.”
Max Micallef, a queer rights activist who serves on the Advisory Council of EqualityNY and as the Public Policy Coordinator with GLSEN Lower Hudson Valley, issued a statement on Tuesday calling for both Cuomo and David to resign.
“We all deserve so much better,” Micallef said. “The LGBTQ+ community does not stand for this level of complicity and cowardice. Along with Gov. Cuomo himself, Director McMorrow and President David must step down from their positions immediately as they have clearly failed to represent the interests of LGBTQ+ New Yorkers, and advocate against their systemic violence.”
Virginia
Miyares joins efforts to fight Title IX changes
Republican Va. AG part of multi-state effort
BY NATHANIEL CLINE | Virginia Attorney General Jason Miyares has joined a multi-state effort to stop new Title IX rules from going into effect.
The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ students has come under attack by Republican attorneys general in several states.
Miyares called the changes a “dangerous overhaul” of Title IX, and said the new rules would negatively impact students, families and schools in the commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.
“The Biden administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”
Attorney generals from Tennessee, Indiana, Kentucky, Ohio, and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.
Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972.
The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information, and supports students and families.
Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections including for LGBTQ students by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ students to come to school as themselves without fear of harassment or discrimination.
“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.
The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education.
Protections
While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ students and employees, including providing complete protection from sex-based harassment, and prohibiting schools from sharing personal information.
Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.
The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.
The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children.
The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed.
Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.
Virginia policies
In 2021, the first model policies for trans students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of trans and nonbinary students and to protect the privacy and rights of these students.
However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.
The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.”
Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.
The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.
“All Virginia students, including our transgender and nonbinary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior trans rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”
Athletics not included
The provisions under the new Title IX rule did not mention anything about requiring schools to allow trans students to play on teams that align with their gender identity. Virginia has taken its own shot at banning trans athletes from competing in sports through legislation.
In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported.
The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.
The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for trans athletes to participate on teams that match their gender identity, but under certain conditions.
Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.
State Sen. Tammy Brankley Mulchi (R-Mecklenburg), who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.
Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.
“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.
However, state Sen. Stella Pekarsky (D-Fairfax) argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”
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Nathaniel is an award-winning journalist who’s been covering news across the country since 2007, including politics at the Loudoun Times-Mirror and the Northern Neck News in Virginia as well as sports for the Plain Dealer in Cleveland, Ohio. He has also hosted podcasts, worked as a television analyst for Spectrum Sports, and appeared as a panelist for conferences and educational programs. A graduate of Bowie State University, Nathaniel grew up in Hawaii and the United Kingdom as a military brat.
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The preceding article was previously published by the Virginia Mercury and is republished with permission.
Nonprofit. Nonpartisan. No paywalls. Fair and tough reporting on the policy and politics that affect all of us is more important than ever. The Mercury brings you coverage of the commonwealth’s biggest issues from a team of veteran Virginia journalists.
We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
Federal Government
US Census Bureau testing survey on LGBTQ households
Agency proposing questions about sexual orientation and gender identity
The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.
The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.
As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.
The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.
The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.
The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to Manny Cosme, owner of CFO Services Group, who was named Small Business Owner of the Year, for Washington, D.C., by the Small Business Administration.
SBA Administrator Isabel Castillas Guzman said, “Our 2024 National Small Business Week award winners exemplify excellence, innovation, and commitment, and the SBA is proud to showcase their incredible achievements and impact on their communities and our economy.” Upon being notified of the award Manny said, “I am incredibly honored and humbled to receive the Small Business Owner of the Year award from the Small Business Administration. This recognition serves as a testament to my team’s hard work, dedication, innovation, and impact in our local community. As a small business owner, I have always strived to embody excellence in my company’s services and commitment to my clients. My team and I are proud to represent the thriving small business communities across the country, and we remain committed to driving innovation, growth, and positive change in our industry.”
Cosme is the founder and current president and CEO of CFO Services Group. The firm is focused on providing bookkeeping, outsourced accounting departments, and fractional CFO advisory services, to growing small businesses and non-profit organizations. The company is headquartered in D.C., with team members and clientele throughout the United States. In addition to working with private business and non-profit clients, CFO Services Group partners with various economic development agencies, such as local governments, chambers of commerce organizations, CDFIs and SBDC centers, to provide free financial literacy and technical assistance to businesses in underserved communities.
Manny has served as the Vice President of Finance & Administration for the United States Hispanic Chamber of Commerce. He recently served as the Finance Chair for the Greater Washington Hispanic Chamber of Commerce, and Vice President of the Equality Chamber of Commerce. He is often sought after in keynote discussions on entrepreneurism and finance for fellow business owners.
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