Evandro Gigante
Partner
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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The San Antonio, Texas City Council has approved revisions to the city’s sick and safe leave ordinance, which is now scheduled take effect on December 1, 2019. As we previously reported, in the face of legal challenges to the law, the City Council had agreed to delay the effective date of the ordinance (previously slated … Continue Reading
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections. Among other things, recent amendments to New York law will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the Human … Continue Reading
The U.S. Department of Labor Wage and Hour Division is proposing revisions to its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA). Employers may, but are not required to, utilize the model forms to satisfy their notice requirements under the law and to obtain necessary information … Continue Reading
New York Governor Andrew Cuomo has signed into law amendments to the New York State Human Rights Law (NYSHRL) that expand protections for employees who are victims of domestic violence. The amendments will take effect on November 18, 2019. While the NYSHRL has long prohibited discrimination against victims of domestic violence, the amendments expressly state … Continue Reading
On the heels of enacting a law to prohibit hairstyle discrimination, New York Governor Andrew Cuomo has signed into law a bill that amends the New York State Human Rights Law (NYSHRL) to expressly prohibit employment discrimination based on attire, clothing, or facial hair worn as a form of religious observance. Specifically, the new law … Continue Reading
On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State. As we previously reported in detail, the new legislation includes numerous measures regarding discrimination and harassment in all forms (not just sexual harassment) in the workplace. The signing of the bill triggers the countdown to … Continue Reading
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss the recent New York law prohibiting discrimination on the basis of certain hairstyles. This law expands the definition of race under the New York State Human Rights Law to now expressly include “traits historically associated with race,” which include but are not limited to hair … Continue Reading
On July 2, 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) to provide greater clarity on the legal protections for both employers and employees. CUMMA, which was signed into law on January 18th, … Continue Reading
The push to eliminate inquiries into job applicants’ salary history continues, as New Jersey has enacted a statewide law that will restrict employers from obtaining and utilizing applicants’ salary history information during the hiring process. The new law, which will take effect on January 1, 2020, will make it an unlawful employment practice for any … Continue Reading
UPDATE: Governor Kate Brown signed the bill into law on August 9, 2019. Oregon is the latest state to enact a paid family and medical leave law. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and employees paying into a paid … Continue Reading
Implementation of the City of San Antonio’s paid sick leave ordinance has been delayed pending a legal challenge, less than two weeks before the ordinance’s scheduled effective date of August 1, 2019. On July 15, 2019, the Texas Attorney General and about a dozen business groups filed suit against the City, alleging that the paid … Continue Reading
Proponents of mandatory arbitration in New York can collectively let out a sigh of relief as a federal court judge has weighed in on the question of whether New York State’s law prohibiting mandatory arbitration of sexual harassment claims (CPLR § 7515), effective July 11, 2018, is preempted by federal law. The short answer, as … Continue Reading
As we find ourselves in the midst of summer, employers in New York should keep an eye on the upcoming October 9th deadline for providing anti-harassment training to all employees. As we previously reported, effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual … Continue Reading
UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019. The law will take effect on October 8, 2019. The New York State legislature has passed a bill that, if signed by Governor Andrew Cuomo, will expand pay protections by requiring employers to provide employees with equal pay for “substantially similar” work … Continue Reading
UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019. The law will take effect on January 6, 2020. In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and … Continue Reading
New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the statute of limitations and expand potential damages for such claims. The bill also expands coverage under the NYSHRL and broadens existing limitations on nondisclosure agreements and mandatory arbitration clauses. This sweeping bill represents the latest effort by the State legislature and Governor Andrew Cuomo—who is … Continue Reading
Employees in Oregon have greater protections against workplace harassment thanks to the recently-passed Workplace Protection Act (the “Act”), which would prohibit requiring nondisclosure agreements for employees or applicants that prohibits them from revealing sexual assault, harassment or discrimination. The new law also requires employers to implement a written anti-harassment policy and it extends the statute … Continue Reading
Connecticut is set to become the latest state to join the paid family and medical leave bandwagon, enacting what is set to be one of the most generous laws in the country. The Act Concerning Paid Family and Medical Leave (the “Act”) was passed by both houses of the state legislature and is presently before Governor … Continue Reading
In a unanimous decision in Fort Bend County, Texas v. Davis, the United States Supreme Court held that while an employee has a mandatory obligation to file a charge with the EEOC prior to bringing a discrimination suit under Title VII, such obligation is a procedural, rather than jurisdictional, requirement. The key takeaway for employers … Continue Reading
Maine’s Governor Janet Mills has signed into law an Act Authorizing Earned Employee Leave (the “Act”), which will require covered employers to provide employees with up to 40 hours of paid personal leave per calendar year. Unlike other paid family and sick leave laws that have been enacted around the country, Maine’s law would be … Continue Reading
The New York City Council is considering a bill that would expand the NYC Earned Safe and Sick Time Act (ESSTA) to provide eligible employees with “personal time” that could be used for any reason. The bill would also expand protections and remedies applicable to all leave under the law, including sick and safe time. … Continue Reading
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss recently passed legislation by the New York City Council, which would prohibit some employers in NYC from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to make it … Continue Reading
On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. In two of the cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, the Court will consider whether Title VII’s prohibition on … Continue Reading
UPDATE: The bill was enacted on May 10, 2019 and will take effect on May 10, 2020. The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to … Continue Reading
San Antonio, Texas Approves Revisions to Paid Sick and Safe Leave Ordinance
By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
[Podcast]: New York State Expanded Protections Against Workplace Harassment
U.S. Department of Labor Proposes Revisions to Model FMLA Forms
By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
New York State to Require Reasonable Accommodation for Victims of Domestic Violence
New York State Enacts Law Prohibiting Religious Discrimination Based on Appearance
By Evandro Gigante and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
New York State Significantly Expands Workplace Anti-Discrimination Protections
[Podcast]: New York State Enacts Law Prohibiting Hairstyle Discrimination
New Jersey Expands Medical Marijuana Protections
By Evandro Gigante, Arielle E. Kobetz and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
New Jersey Becomes the Latest Jurisdiction to Enact Ban on Salary History Inquiries
By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Oregon Enacts Expansive Paid Family and Medical Leave Law
By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
San Antonio, Texas Paid Sick Leave Law Put on Hold Pending Legal Challenge
By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences
Rock Beats Scissor: Federal Law Cuts Through New York State’s Attempt to Prohibit Mandatory Arbitration of Sexual Harassment Claims
By Evandro Gigante, Danielle J. Moss and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
The Clock Is Ticking: Less Than Three Months Until the NYS Deadline for Mandatory Sexual Harassment Prevention Training
By Evandro Gigante and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
New York State to Expand Protections Against Discriminatory Pay Practices
By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
New York State to Enact Ban on Salary History Inquiries
New York State Set to Further Expand Protections Against Workplace Harassment
By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
Oregon Aims to Prevent Harassment with the Workplace Protection Act
By Evandro Gigante and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation
Connecticut to Enact Generous Paid Family and Medical Leave Law
By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
U.S. Supreme Court Holds That Filing an EEOC Charge Is Not a Jurisdictional Requirement for Title VII Suits
Maine Becomes First State to Require Paid Leave for Any Reason
By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
New York City Council to Consider Expanding Earned Safe and Sick Time Act to Require “Personal Time”
By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
[Podcast]: Medical Marijuana and the Potential NYC New Law
SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity
By Evandro Gigante, Arielle E. Kobetz and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
New York City Council Passes Bill Limiting Pre-Employment Drug Testing for Marijuana
By Evandro Gigante and Jordan Simon on Posted in Hiring/Background Checks, Workplace Policies and Procedures
