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 New York City Commission on Human Rights (the “Commission”) has issued a Notice of Public Hearing and Opportunity to Comment on proposed rules to establish certain definitions and clarify the scope of protections against discrimination with respect to gender identity or expression under the New York City Human Rights Law (“NYCHRL”). The proposed definitions … Continue Reading
The New York City Commission on Human Rights (the “Commission”) has issued a mandatory notice posting and information sheet for distribution to employees pursuant to the recently enacted Stop Sexual Harassment in NYC Act (the “Act”). As we have previously reported, the Act, which was signed into law by Mayor Bill de Blasio on May … Continue Reading
As we have previously reported, effective July 18, 2018, employers in New York City are now required to grant employee requests for temporary work schedule changes when needed for certain medical and family care purposes. Employers are required to grant such requests either twice per calendar year for up to one business day per request, … Continue Reading
New Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018. The law will make it an unlawful discriminatory practice for an employer to: (i) refuse to hire or employ; (ii) bar or … Continue Reading
Duluth, Minnesota has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Ordinance will take effect on January 1, 2020. The Ordinance will apply to employers with five or more employees nationwide. Covered workers in … Continue Reading
New Jersey Governor Phil Murphy (D) has signed into law the New Jersey Paid Sick Leave Act (the “Act”), which will provide eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Act will take effect on October 29, 2018. Covered Employers and Employees The … Continue Reading
On May 9, 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which, as we previously reported, is a package of bills aimed at addressing and preventing sexual harassment in the workplace. The signing of the Act triggers the countdown to the effective dates … Continue Reading
As anticipated, New Jersey Governor Phil Murphy has signed into law the Diane B. Allen Pay Equity Act (the “Act”). The Act will take effect on July 1, 2018, giving employers approximately two months to review their policies to ensure compliance. As we previously reported, the Act will, among other things, make it an unlawful … Continue Reading
The Westchester County, NY Board of Legislators has unanimously enacted legislation that will prohibit employers and their agents from relying on, requiring, requesting, or seeking information about a prospective employee’s wage history during the hiring process. The Wage History Anti-Discrimination Law (the “Law”) will become effective on July 9, 2018. The Law amends the Westchester … Continue Reading
The New Jersey state legislature has passed a new pay equity law which will, among other things, make it an unlawful employment practice to pay employees of any protected class under the New Jersey Law Against Discrimination (“LAD”) at a lesser rate than other employees who perform “substantially similar work” unless the differential is based … Continue Reading
The New York City Council has passed the Stop Sexual Harassment in NYC Act (the “Act”), a package of bills aimed at addressing and preventing sexual harassment in the workplace. The legislation is now awaiting the signature of Mayor Bill de Blasio. As we previously discussed in an earlier post, the Act would amend the New York City … Continue Reading
The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies. The eleven bills, collectively titled the Stop Sexual Harassment in NYC Act, were jointly introduced by the Council Committee on Women and the Committee on Civil and … Continue Reading
In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case involved Donald Zarda, a gay … Continue Reading
The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to mandate that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a reasonable accommodation. On January 19, 2018, because the Mayor failed to take action within thirty days of its passage, the … Continue Reading
Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are breastfeeding or expressing milk. The amendments also require employers to provide reasonable accommodation to breastfeeding employees. The amendments took effect immediately upon signing by the Governor … Continue Reading
The New York City Council has passed a bill that will require employers to grant requests for temporary work schedule changes when needed for certain medical and family care purposes. UPDATE: The bill became law on January 19, 2018 after Mayor Bill de Blasio neither signed nor vetoed it. It takes effect on July 18, … Continue Reading
New York City Mayor Bill de Blasio has signed into law an amendment to the NYC Earned Sick Time Act expanding the covered reasons for leave under the law, as well as broadening the definition of a covered family member for whom an employee may take leave to provide care. The amendments take effect on … Continue Reading
The New York City Council has passed a bill that would amend the NYC Earned Sick Time Act (“ESTA”) to expand the covered reasons for leave to include situations where an employee or an employee’s family member is a victim of domestic violence, sexual offenses, stalking or human trafficking. The bill would also expand the … Continue Reading
With the January 1, 2018 effective date for the New York Paid Family Leave Law fast approaching, the New York State Workers’ Compensation Board (“WCB”) has issued model paid family leave (“PFL”) request and certification forms, as well as a model waiver form. The forms are available on the WCB’s New York Paid Family Leave … Continue Reading
On the heels of its recently issued fact sheets, the NYC Commission on Human Rights (the “Commission”) has published a frequently asked questions page on the New York City salary history inquiry law, which goes into effect on October 31, 2017. The FAQs address a number of details about the law, which restricts the ability … Continue Reading
As the October 31, 2017 effective date for the New York City salary history inquiry law fast approaches, the NYC Commission on Human Rights (the “Commission”) has issued two new fact sheets addressing applicants’ rights, and employer responsibilities, under the new law. The first fact sheet is addressed to job applicants, while the second fact … Continue Reading
The New York State Department of Taxation and Finance has issued official guidance on several taxability issues relating to the New York Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018. Among other details addressed, employee contributions under the PFLL shall be made on an after-tax basis, and benefits paid to … Continue Reading
NYC Mayor Bill de Blasio has signed into law an amendment to the New York City Human Rights Law (NYCHRL) adding current or prior service in the uniformed services as a protected class under the law. The amendment will take effect on November 19, 2017. As we previously reported, the bill gives veterans and active … Continue Reading
The New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”). The final regulations are effectively immediately. Long awaited by New York employers, the final regulations make several changes to the prior proposed regulations, which were issued by the Board in May and … Continue Reading
NYC Commission on Human Rights Issues Proposed Rules Relating to Discrimination on the Basis of Gender Identity or Expression
NYC Commission on Human Rights Issues Mandatory Anti-Sexual Harassment Poster and Employee Information Sheet
Mandatory Posting Requirement Announced for NYC Temporary Schedule Change Law
New Hampshire Expands Protections Against Discrimination to Include Gender Identity
Duluth, Minnesota Enacts Paid Sick Leave Law
By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
New Jersey Enacts Statewide Paid Sick Leave Law
By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Leaves of Absences, Workplace Policies and Procedures
Mayor de Blasio Signs Stop Sexual Harassment in NYC Act Into Law
New Jersey Governor Signs Sweeping Pay Equity Act Into Law
Westchester County, New York Enacts Salary History Inquiry Law
New Jersey Legislature Passes New Pay Equity Bill
New York City Council Passes the Stop Sexual Harassment in NYC Act
By Evandro Gigante, Laura Fant and Meika Freeman on Posted in Discrimination, Harassment and Retaliation
NYC Council to Consider Series of Bills Aimed at Addressing Workplace Sexual Harassment
By Evandro Gigante, Laura Fant and Meika Freeman on Posted in Discrimination, Harassment and Retaliation
Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII
By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an Accommodation
By Evandro Gigante, Harris Mufson and Bassam Gergi on Posted in Accessibility & Accommodation, Litigation and Arbitration, Workplace Policies and Procedures
New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding
UPDATE: NYC Council Passes Bill Requiring Accommodation of Temporary Schedule Changes for Certain Medical and Family Care Purposes
By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation
Bill Expanding Coverage Under the NYC Earned Sick Time Act Signed Into Law
By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
NYC Council Passes Bill to Expand Coverage Under the Earned Sick Time Act
By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Model Leave Request, Certification and Waiver Forms Issued for the New York Paid Family Leave Law
By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences
UPDATED: New York City Commission on Human Rights Publishes FAQ Guidance on NYC Salary History Law
Fact Sheets for Employers and Applicants Issued on NYC Salary History Inquiry Law
By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Guidance Issued on Taxability of Contributions and Benefits under New York Paid Family Leave Law
By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences
NYC Human Rights Law Amended to Prohibit Discrimination Against Uniformed Servicemembers and Veterans
By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Final Regulations for New York State Paid Family Leave Law Adopted
By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
