The Costanza Rule
DISCLAIMER: THIS IS NOT A POLITICAL POST
It is not every day that the Governor of a state can learn something from George Costanza. Today, however, is one of those days.
Recently, the Governor of New York, Andrew Cuomo, was accused by multiple woman of harassment. In response to the allegations, Gov. Cuomo has made the following statements:
- I never intended to offend anyone or cause any harm. I spend most of my life at work and colleagues are often also personal friends.
- At work sometimes I think I am being playful and make jokes that I think are funny. I do, on occasion, tease people in what I think is a good natured way.
- I have teased people about their personal lives, their relationships, about getting married or not getting married. I mean no offense and only attempt to add some levity and banter to what is a very serious business.
Gov. Cuomo should have learned from George Costanza’s mistakes. Costanza, when he was caught having a relationship with a co-worker, claimed he “didn’t know it was wrong” and “wouldn’t have done it if he knew it was wrong.” Costanza’s arguments did not hold up with his employer and the “I didn’t know it was wrong” defense generally does not work in claims of harassment and discrimination.
Intent is irrelevant with respect to claims of harassment and discrimination. Actions are what matters when such allegations arise. Additionally, “teasing” or “being playful” in the workplace, especially a supervisory employee “teasing” employees about personal lives, relationships, and marriage, can expose an employer to claims of harassment and discrimination in the workplace. The “I didn’t know it was wrong” defense will work as well for an employer as it did for Costanza.
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