Law and the Workplace
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Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

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Federal Law Prohibiting Pre-Dispute Arbitration of Sexual Harassment and Sexual Assault Claims Not Retroactive, New Jersey Court Confirms

A new federal law invalidating pre-dispute arbitration agreements for sexual harassment and sexual assault claims does not apply retroactively, a New Jersey appeals court recently confirmed. In Zuluaga v. Altice USA (N.J. App. Div. Nov. 29, 2022), the plaintiff had signed an arbitration agreement waiving her right to bring employment-related disputes in court when she … Continue Reading

U.S. Congress Approves Bill Limiting Pre-dispute Nondisclosure Agreements in Sexual Harassment and Assault Disputes

In a bipartisan 315-109 vote, the U.S. House of Representatives has approved a bill that would render pre-dispute nondisclosure and nondisparagement clauses judicially unenforceable with respect to sexual assault or sexual harassment disputes.  The bill previously passed the Senate in September of this year and now goes before President Joe Biden for consideration. The bill, … Continue Reading

Westchester County, NY Pay Transparency Law Takes Effect

Effective November 6, 2022, the Westchester County (NY) Human Rights Law is amended to require that employers with at least four employees that are posting job, transfer or promotion opportunities which “are required to be performed, in whole or in part, in Westchester County, whether from an office, in the field, or remotely”** state the … Continue Reading

[Podcast]: The New York City Pay Transparency Law Takes Effect

In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022. The law covers employers with four or more employees and generally requires covered employers who post a job, promotion, … Continue Reading

EEOC Releases Updated Workplace Discrimination Poster

On October 19, 2022, the Equal Employment Opportunity Commission released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster that covered employers under federal law are required to prominently display in the workplace.  The poster summarizes protections under various anti-discrimination laws that the EEOC enforces, such as Title VII, the Pregnancy Discrimination Act, and … Continue Reading

Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful

On October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in the workplace is unlawful. The case is State of Texas v. EEOC, Case No. 2:21-cv-00194-Z. Background As we previously reported, on June 15, 2020, … Continue Reading

UPDATE: New York City’s Pay Transparency Law Is Here – Are You Ready?

New York City’s pay transparency law, which requires most New York City employers to disclose salary ranges in their job postings, took effect on November 1, 2022. As we previously reported, the new law amends the New York City Human Rights Law to require covered employers who post a job, promotion, or transfer opportunity for … Continue Reading

New York City to End Private Employee COVID-19 Vaccine Mandate

New York City Mayor Eric Adams has announced that the City’s private employee COVID-19 vaccine mandate will be lifted effective November 1, 2022. As we previously reported, the NYC mandate requires all private workers in New York City who perform in-person work or interact with the public to show proof they have received at least … Continue Reading

New York Extends Paid Leave for COVID Vaccinations for an Additional Year

New York Governor Kathy Hochul has signed into law a bill extending the State’s COVID vaccine paid leave law for an additional year, to December 31, 2023. As we previously reported, the law requires New York employers to provide employees with “a sufficient period of time, not to exceed four hours” of paid leave per … Continue Reading

New York State’s Workplace Sexual Harassment Complaint Hotline is Live

On July 19, 2022, New York State Governor Kathy Hochul announced the launch of the state’s confidential hotline for complaints of workplace sexual harassment. As we previously reported, S812A (enacted in March 2022) establishes a toll-free confidential hotline, administered by the New York State Department of Human Rights (NYSDHR), “to provide individuals with complaints of workplace … Continue Reading

EEOC Issues New Workplace Guidance Regarding COVID-19 Testing

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas relating to COVID-19 and the workplace, including when employees can be required to undergo COVID-19 testing, reasonable accommodations, and parameters around mandatory vaccination programs. … Continue Reading

EEOC Sanctions Employer for GINA Violations Relating to Collection of Employees’ Family Members’ COVID Test Results

On July 6, 2022, the Equal Employment Opportunity Commission (EEOC) announced it has entered into a conciliation agreement with a Florida-based medical practice for violations of the Genetic Information Non-Discrimination Act (GINA) arising out of the practice’s collection of employees’ family members’ COVID-19 testing results. In a press release announcing the agreement, the EEOC stated … Continue Reading

New York State Legislature Passes Bill Requiring Wage Ranges in Job Postings

The New York State Legislature has passed Senate Bill S9427, which will require employers with four or more employees to include in job postings – including those for promotion or transfer opportunities – the minimum and maximum salary for any position that can or will be performed within the state of New York, along with … Continue Reading

Delaware Becomes Latest State to Institute Paid Family and Medical Leave

On May 10, 2022, Delaware Governor John Carey signed into law a bill that will require private employers with ten or more employees in Delaware to provide up to 12 weeks of paid family and medical leave beginning in January 2026, one year after payroll tax deductions to fund the program begin on January 1, … Continue Reading

UPDATED: NYC Council Approves Salary Disclosure Law Amendment to Delay Effective Date

***UPDATE: Mayor Adams signed the bill into law on May 12, 2022.  It takes effect immediately.*** The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings.  The bill amends several aspects of the law, including, notably, extending … Continue Reading

Washington State to Require Employers to Provide Salary Ranges and Other Compensation Information in Job Postings

On March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill revises the existing state law that requires only that employers provide the minimum wage or salary for … Continue Reading

New York District Court Permanently Enjoins Reproductive Health Notice of Rights Requirement for Employee Handbooks

A Northern District of New York court has permanently enjoined the statewide requirement that employers include a notice of workers’ rights and remedies in their employee handbooks regarding the prohibition on discrimination based on reproductive health care choices. The requirement, which took effect in November 2019, was part of a broader bill amending the New … Continue Reading

NYC Commission on Human Rights Issues Guidance on Salary Disclosure Law

The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law. As we previously reported, the new law will make it an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL) for a covered employer or its … Continue Reading

Bill Introduced to Amend (and Delay Effective Date of) NYC Salary Disclosure Law

***UPDATE: A revised version of this bill has been approved by the NYC Council.  Read more here.*** A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings. As we previously reported, the new law will make it an unlawful discriminatory … Continue Reading

U.S. House Passes Bill that Places Future of Arbitration Agreements at Risk

It’s only been two weeks since President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Ending Forced Arbitration Act”) into law (which we covered here), and there is already a new major development in the world of arbitration. Yesterday, the U.S. House passed the Forced Arbitration Injustice … Continue Reading

Sweeping Expansion of Protections Relating to Workplace Discrimination on the Horizon in New York State

A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State.  Several of these bills, if ultimately enacted, would potentially lead to a groundbreaking shift in how employers approach settlement of discrimination, harassment and retaliation … Continue Reading

Tennessee Expands Employee Protections Relating to COVID-19 Vaccine Mandates

Tennessee Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates. The new law supplements existing state law that prohibits private employers and other entities from compelling or otherwise taking “adverse action” against a person to compel the person to provide proof of … Continue Reading
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