New York State Legislature Joint Hearing on Sexual Harassment in the Workplace

Opening Statement by Senator Alessandra Biaggi,
(D-Bronx/Westchester), Chair, Senate Ethics and Internal Governance
Committee

Good Morning.

My name is Senator Alessandra Biaggi, I’m the Chairwoman of the Ethics Committee, and I want thank you all for being here today. I also want to acknowledge and thank my Senate co-chairs, Senator Skoufis and Senator Salazar, as well as my Assembly chairs, Assemblywoman Titus, Assemblywoman Walker and Assemblyman Crespo.

(Acknowledge Senators in room.)

I especially want to express gratitude for the Leader of the Senate Majority Conference, Andrea Stewart Cousins for her bravery, tenacity, commitment and her partnership with the Assembly Speaker, Carl Heastie, who together have called for these hearings today. It is of special importance that we acknowledge their collective consciousness around recognizing the importance of delving into the uncomfortable territory of sexual harassment.

I would also like to thank the staff from both the Senate Counsel’s Office and my own office for their hard work in putting this hearing together.

We are here today to examine the issue of sexual harassment here in Albany, in New York government and the public sector and in the private sector across the state.

Let me remind everyone who joins us here today that the purpose of this hearing is to listen and learn. The Legislature intends to take what we learn from listening and use that to reform our policies and pass legislation that addresses the epidemic of sexual harassment in the workplace to make necessary change to protect everyone in every workplace.

We are not here to litigate any specific case. Our goal in looking at any specific cases is to understand how the process should be improved to ensure that all allegations are handled properly from now on.

Today is the first hearing in nearly three decades to address a subject that is not merely overlooked, but actively avoided — kept hidden by unstated rules about what we do and don’t talk about, and what we do and don’t listen to.

Sexual Harassment is not an easy subject to discuss. The discussion can be uncomfortable, painful, even frightening. People of goodwill may hesitate because they are uncertain about the language to use, concerned they might say the wrong thing. This is a topic that has been easier to shy away from. But, of course, we must not shy away.

I want to invite everyone — those in the room, those watching from afar, and those who may feel uneasy about these proceedings — to approach this topic with care, and to know that this will be a place to speak the truth. This is a place where everyone is invited to speak authentically, in whatever words are most comfortable for them, to explain their points of view and experiences.

Let’s approach our exchange by correctly framing the subject: Acts of sexual harassment, of sexual abuse and sexual misconduct are about power. They are systems that perpetuate the injustice, neglect or silencing of victims — and enable those who abuse others to carry on without consequences. Those systems are part of a power structure that must come to an end. Our job as legislators is to determine how any such systems may work currently, and how they might be effectively dismantled, replaced with something more just and healthy.

The agenda of the hearing is seeking the truth. We come with questions, patience, an open mind, and the resolve to make New York safer for everyone. We know that a very small percentage of the people who experience sexual harassment in the workplace come forward. According to the Equal Employment Opportunity Commission, the EEOC, between 87 and 94 percent of sexual harassment victims do not file complaints. For those who do come forward, it takes tremendous courage and tremendous bravery and it is because of those actions that we are even here today. The least we can do is to demonstrate a similar bravery and courage by pushing past our discomfort to understand the experience of sexual harassment.

I’m disgusted that institutions across our nation do not have a great track record for dealing with this subject in a sensitive and proactive way. Countless victims of abuse and harassment have had their voices ignored, where powerful people have been protected despite doing harm to others.

I say this not as an attack, but because it’s important to speak the truth. I say it with the hope that this hearing, along with the rest of our work to update these laws and policies, can play a key role in the healing that needs to take place in this body, and beyond.

What is the goal? It’s simple. Every New Yorker should be able to go to work without fear of being mistreated or harassed on the job. And if they are subjected to harassment, every New Yorker should know how and to whom to report and be confident their allegations will be treated seriously, effectively and promptly.

We must arrive at a place where every single State agency, both houses of legislature, and the executive branch — all have crystal clear, transparent protocols for reporting abuse and harassment, timely and transparent communication with those who file complaints as well as those who are accused, a culture of support for victims and zero tolerance for those who perpetuate abuse. The 200,000 employees of the State of New York are entitled to that safety.

And if we expect private employers to implement effective policies, state government must set the highest possible example. We need to provide a safer workplace than all others, so that we can effectively set regulations for all employers.

There is only one way to reach our goal of designing, legislating and implementing the most effective possible laws and procedures to protect everyone from sexual harassment. We must take the time and do this thoroughly and carefully.

The process ahead — hearings, discussion and consultation — form a pathway toward the legislation needed to ensure safe working environments for all New Yorkers. In this work, we follow the lead of the City of New York, which held hearings that resulted in strong new rules, structures and policies that are an excellent model for the direction we are moving, starting now.

A group of brave women, the Sexual Harassment Working Group, have led the way, talking about being harassed by New York officials and staff and their attempts to address that harassment within the systems currently in place. These women have developed strong policy proposals aimed at protecting others from similar experiences. They demand that New York lead in fighting gender-based discrimination and harassment. We thank them. Today, they will be heard.

We will also hear from state government agencies about current policies and practices. And from unions, advocates and organizations working to end sexual harassment.

We will examine the role of the Joint Commission on Public Ethics (JCOPE), to determine whether its policies and protocols are sufficient for handling the important and sensitive task of making sure that our government is a safe place to work.

Our task is urgent. It’s intolerable, absolutely maddening, that sexual harassment persists. We must remember that right now, as I speak, someone is being harassed and does not know what to do about it. But we must take the time to get it right this time.

As we update New York’s laws, policies, and protocols with respect to sexual harassment, it is also incumbent upon each of us to take personal responsibility to support a culture of mutual respect and care.

I want to make crystal clear to the many women who experience sexual harassment, abuse, or violence on a daily basis: you are not alone. To the men who experience abuse — you are not alone. To the LGBTQ community and those who are gender non-binary: you are not alone.

When tackling the root causes of sexual harassment in the workplace, the complexities of identity provide an illustrative answer, and I acknowledge that intersectional harassment is a pervasive element that we need to address. Applying intersectionality means recognizing that people of different identities (gender, race, class, sexuality, citizenship) experience their oppressions and lived realities in different ways depending on their identities. People of different identities experience sexual harassment, reactions to their harassment, reporting of their harassment, in different ways.

We are your advocates and champions in State government. We are here to gather knowledge in order to design laws that leave no one unconsidered, neglected, ignored, or silenced. We are listening…. and we will act.