The Scorsese Of Sexual Harassment

Dennis Gabryszak is truly the Scorsese of sexual harassment. 

In a grainy cell phone video, the disgraced former assemblyman appears to be either vacating his bowels, masturbating or simulating receiving oral sex. At one point he asks, “Is this what you wanted?” in the creepy warble of a man who wears a leather jacket to relieve himself. It’s a challenge to decide what’s most horrifying about the film, to say nothing of his other alleged misconduct. 

But Gabryszak doesn’t get it. In a lengthy defense of how he didn’t “intend to sexually harass any member of my staff or to create a hostile work environment,” Gabryszak resigned from office by sharing the blame: “There was mutual banter and exchanges that took place that should not have taken place because it is inappropriate in the workplace even if it does not constitute sexual harassment.” 

Huh? So what exactly was the intent behind that video? And if the “banter” was really mutual, did his female staffers also confide in him about their tattooed genitalia? Or maybe they were the ones who suggested they all share a hotel room and hang out at a strip club. 

The only thing that’s not beyond belief is that Gabryszak’s staff may have tolerated his deplorable and outlandish behavior because they feared for their jobs. It is not a valid defense for Gabryszak to claim his victims participated in their own harassment. That’s mistaking deference for favor in an environment in which to do otherwise could be damaging. His staff put up with him because there was a power imbalance, not because they enjoyed his charming films. 

Micah Kellner is also claiming a co-conspiracy. Despite being found to have “created a hostile work environment” by the Assembly Ethics Committee, Kellner seems to think that some polite emails are proof that the woman who blew the whistle on him actually approved of his conduct. The notes date back to before the scandal broke, so the more obvious explanation is that a former staffer didn’t want to burn bridges with a potential job reference. 

Kellner is appealing the Ethics Committee ruling and calling for a public hearing to cross-examine his accusers. It’s a show trial to bully the victims and his former chief of staff, all of whom followed Assembly procedure and now need lawyers. 

Yet it’s those brave enough to come forward who get stuck with the bill. Gabryszak’s chief of staff ignored reports of harassment, so the victims retained outside counsel after being forced to quit. The Assembly was so indifferent to the first set of allegations against Vito Lopez that the complainants had to hire a private attorney. And lawyers continue to battle in court on behalf of Lopez’s second set of victims, who would’ve been spared the expense if the Assembly had just acted properly to begin with. 

Although Speaker Silver has apologized and repeatedly vowed to punish the perpetrators, his rhetoric doesn’t quite match the reality. 

A civil suit brought by Lopez’ second set of victims is tied up in court because the Assembly won’t acknowledge its validity. Essentially, the suit claims that Silver is liable under the human rights law for allowing a known harasser to continue to act without fear of repercussion. The Assembly counters that since the leadership responded properly to the complaints, it cannot be held liable for endangering them in the first place. 

It’s a weak argument that basically boils down to “that was then and this is now.” But if an employer knows that a manager has repeatedly harassed women on his staff, doesn’t the employer have an obligation to stop the harasser before he does it again? 

“The Assembly’s position—that it doesn’t matter that it knew Lopez was harassing other women—is contrary to decades of precedent in sexual harassment cases and, if accepted, would be a serious rollback in protections for women at work in New York,” says Kevin Mintzer, the lawyer representing the victims. 

The Speaker declined to comment. 

If Silver is sincere about changing the culture of sexual harassment, he can reverse course on the civil suit and reimburse the victims for their legal bills. Until then, the Assembly’s failure to take legal responsibility for its actions puts Silver in the same company as Kellner and Gabryszak.