Amanda Van Hoose Garofalo

She | Her | Hers

Partner

New York
T +1.212.589.4610
F +1.212.589.4201

Overview

Amanda Van Hoose Garofalo represents management in all aspects of labor and employment, both in connection with employment litigation and counseling related to various federal, state and local laws.

A pragmatic advocate and counsel for clients, she develops efficient and effective solutions while keeping clients’ long-term goals at the forefront.

Select Experience

Counseling Experience
  • Advises clients with respect to ever changing anti-harassment and discrimination laws, and any necessary accommodation considerations. Prepares and conducts anti-harassment and anti-discrimination training courses for management and employees that goes above and beyond the requirements of any applicable state law, including guidance with respect to the importance of diversity and inclusion, implicit bias, and management and human resources best practices.
  • Conducts internal investigations with respect to various forms of alleged harassment and discrimination by employees and customers of clients to ensure all internal complaints are promptly and thoroughly addressed in a non-biased manner. Experience includes high level investigations, including C-suite executives and other key employees. Provides advice related to the outcome of completed internal investigation in order to ensure any improper behavior is promptly and effectively corrected and any such future behavior is prevented.
Litigation Experience
  • Trial counsel in EEOC enforcement action, successfully obtaining verdict for client on majority of claims, favorably settling with three intervenors, and subsequently limiting damages awarded to remainder.
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Experience

Counseling Experience
  • Advises clients with respect to ever changing anti-harassment and discrimination laws, and any necessary accommodation considerations. Prepares and conducts anti-harassment and anti-discrimination training courses for management and employees that goes above and beyond the requirements of any applicable state law, including guidance with respect to the importance of diversity and inclusion, implicit bias, and management and human resources best practices.
  • Conducts internal investigations with respect to various forms of alleged harassment and discrimination by employees and customers of clients to ensure all internal complaints are promptly and thoroughly addressed in a non-biased manner. Experience includes high level investigations, including C-suite executives and other key employees. Provides advice related to the outcome of completed internal investigation in order to ensure any improper behavior is promptly and effectively corrected and any such future behavior is prevented.
  • Counsels clients with respect to termination and restructuring efforts - both for line employees and executives, including the consideration of New York WARN Act compliance and related issues.
  • Provides clients with advice and guidance related to COVID-19, including with respect to quarantine/isolation protocols for employees; employer-reporting requirements and return to work/workplace protocols; considerations related to remote employees; vaccination, and WARN considerations.
  • Conducts investigations with respect to OSHA complaints and responds to any such complaints. Also, advises client related to the outcomes of such investigations to mitigate any future liability. Successfully obtained four out of four closures, without formal investigation or penalties, in COVID-related OSHA complaints against employer.
Litigation Experience
  • Trial counsel in EEOC enforcement action, successfully obtaining verdict for client on majority of claims, favorably settling with three intervenors, and subsequently limiting damages awarded to remainder.
  • Obtained summary judgment for a large hospital system in a pregnancy discrimination and accommodation case related to a mandatory vaccination policy.
  • Represented large hospital system in connection with 10 plaintiff discrimination lawsuit filed against it pertaining to mandatory vaccine requirements.
  • Obtained partial summary judgment on a multimillion-dollar claim in favor of a public electronics company. Prepared for and attended the trial.
  • Obtained a dismissal for a bank against a former employee asserting New York Labor Law claims.
  • Second-chaired the representation of a regional hospital at an NLRB hearing and assisted in negotiating a settlement.
  • Represented client’s new employee in defeating preliminary restraining order filed by former employer alleging violations of restrictive covenants clause and negotiating settlement favorable to client and employee.
  • Representing large hospitality company in an action in the New York State Division of Human Rights, set for hearing filed by former employee alleging discrimination and harassment.
  • Representing hotel management company in action filed with the New York State Department of Labor alleging violations of NYWARN.
  • Obtained dismissal on behalf of health care system related to allegations that the unsanctioned actions of its employee subjected it to public accommodation discrimination claims.

Recognitions and Memberships

Pro Bono

  • Assists organizations in the development of employee handbooks and properly classifying employees. 

Prior Positions

  • Law Clerk for the Honorable Thomas P. Olivieri, Superior Court of the New Jersey Chancery Division (2010 to 2011)

Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Bankruptcy Court, Western District of New York
  • U.S. District Court, District of New Jersey
  • New Jersey
  • New York

Education

  • J.D., Seton Hall University School of Law, 2010, Whipple Scholar
  • B.A., Political Science, University of Michigan, 2007, University Honors

Blog

In The Blogs

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Employment Law Spotlight
Philadelphia Enacts Ordinance Banning Pre-Employment Marijuana Testing
By Saima Z. Sheikh, Christian R. White
January 13, 2022
As of Jan. 1, 2022, employers in the City of Brotherly Love are prohibited from requiring job applicants to undergo pre-employment drug testing for marijuana use. The ordinance, referred to as the Prohibition on Testing for Marijuana as a...
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Employment Law Spotlight
Far from Home in the Multiverse of Madness: Where Are We Now with Respect to the Federal Contractor Vaccine Mandate?
By Marc A. Antonetti
December 17, 2021
Do you like superhero movies? If you’re like me, you eagerly await the premieres of the new Spiderman movie this week and the Dr. Strange movie next year, where our heroes are expected to delve into the problem of multiple parallel...
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Employment Law Spotlight
Tax Withholding Policies in a Work-From-Home Environment
By Edward J. Bernert, David D. Ebersole, Matt Hunsaker, Michael J. Semes, Christopher J. Swift
December 7, 2021
Working from home some or all of the time has become commonplace and seems likely to continue regardless of what happens with the COVID-19 pandemic. New ways of working require new ways of handling tax withholding. Employers may need to...
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Employment Law Spotlight
Screening Employees for Marijuana in New York Goes Up in Smoke
By Amanda Van Hoose Garofalo
May 5, 2021
Last month, Gov. Mario Cuomo signed the Marijuana Regulation and Taxation Act (MRTA), which legalized adult (21 years of age and up) use and possession of up to three ounces of marijuana (or 24 grams of concentrated marijuana). This...
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Employment Law Spotlight
EEOC Releases Technical Assistance Documents Regarding Opioid Addiction and the ADA
By Priya S. Amin, Amanda Van Hoose Garofalo
August 11, 2020
On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released two technical assistance documents addressing opioid addiction and employment. The EEOC defines opioids to include prescription drugs such as codeine...
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