Amanda Van Hoose Garofalo

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. 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

• Representing large hospital system in connection with 10 plaintiff discrimination lawsuit filed against it pertaining to mandatory vaccine requirements.
• Acted as lead associate at trial of 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 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.
• Drafted motion to dismiss for financial client resulting in plaintiff’s voluntary withdrawal of majority of claims.
• 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.

Pro Bono

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