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Amanda Michalski

Amanda Michalski is a member of the firm’s Employment Practice Group and counsels U.S. and multinational employers on a wide range of employment and workplace culture issues. She routinely provides guidance related to recruiting, hiring, compensation, job classifications, performance management, accommodations, leave, and separations. She assists clients in developing and implementing policies and procedures that comply with federal, state, and local requirements, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pregnant Workers Fairness Act, the Family and Medical Leave Act, the National Labor Relations Act, and the Fair Labor Standards Act. Amanda also regularly works with colleagues in California to advise on issues implicating California employment laws. She has led employee trainings on employment laws and best practices, and she regularly drafts and reviews offer letters, employment agreements, and restrictive covenant agreements.

Amanda frequently conducts internal investigations into allegations of employee misconduct, including discrimination, harassment, retaliation, and other sensitive workplace issues and advises clients on appropriate corrective action. Amanda is a member of the firm’s Institutional Culture and Social Responsibility practice, where she has worked with white collar colleagues to conduct civil rights and racial equity assessments, and comprehensive reviews of policies and practices related to diversity, equity, and inclusion.

Amanda assists clients in responding to demand letters from current and former employees and has experience working with clients to resolve potential claims through mediation. She frequently drafts position statements in response to EEOC and state agency charges and guides clients through agency investigations.

Amanda frequently drafts separation agreements and assists clients in navigating the complexities of reductions in force and layoffs in compliance with the WARN Act and applicable state laws.

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            On April 3, 2025, 10 former Equal Employment Opportunity Commission (“EEOC”) officials, including former commissioners, general counsel, and Chairs Charlotte A. Burrows and Jenny R. Yang, issued a public letter responding to the recent EEOC technical assistance document, “What You Should Know About DEI-Related Discrimination at Work,” which we described in a previous blog post.  The public letter, “Statement of Former Equal Employment Opportunity Commission (EEOC) Officials on Employer Diversity, Equity, and Inclusion Efforts,” refers to the technical assistance document as the “Acting Chair’s document” since that document was issued by Acting Chair Lucas without a Commission vote and thus represents Lucas’s views. Continue Reading Former EEOC Officials Respond to EEOC Technical Assistance Document “What You Should Know About DEI-Related Discrimination at Work”

On March 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) released two “technical assistance” documents titled, “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination Related to DEI at Work” (“technical assistance”).  The technical assistance follows President Trump’s issuance of Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) on January 21, 2025, in which the president called for “ending illegal discrimination and preferences, including DEI” in the private sector.  The EEOC and Department of Justice announced in a press release that the purpose of the technical assistance is “to help educate the public about how well-established civil rights rules apply to employment policies, programs, and practices—including those labeled or framed as ‘DEI.’”Continue Reading EEOC Technical Assistance: “What You Should Know About DEI-Related Discrimination at Work”

Five states have joined the growing number of states with pay transparency laws requiring employers to include compensation information in job postings.  An Illinois law and a Minnesota law took effect on January 1, 2025, and New Jersey, Vermont, and Massachusetts laws will take effect later this year.  While the new laws differ in their specific requirements, they generally mirror pay transparency statutes passed in recent years in other states, including California, Colorado, and New York, that require employers to disclose pay ranges, and sometimes benefits information and other compensation, in job postings.  Continue Reading New Pay Transparency Laws Effective in 2025

A new law signed by President Biden brings significant changes to employers’ ability to require arbitration of certain disputes with employees and could lead to an increase in sexual assault and sexual harassment claims against employers in court.  On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”).  The Act amends the Federal Arbitration Act (“FAA”) to provide that predispute arbitration agreements and predispute joint-action waivers relating to sexual assault and sexual harassment disputes are unenforceable at the election of the person or class representative alleging the conduct.  The Act took effect immediately upon signing.
Continue Reading New Law Ends Mandatory Arbitration for Sexual Assault and Sexual Harassment Claims

Pursuant to a new Order issued by New York City’s Commissioner of Health and Mental Hygiene, beginning December 27 workers in New York City who perform in-person work or interact with the public in the course of their work must provide proof of at least one dose of a COVID-19 vaccination before entering the workplace.  Workers then have 45 days to show proof of their second dose if they received either the Pfizer or Moderna vaccine.  The Order requires employers to exclude from the workplace any worker who has not provided proof of vaccination or been granted a religious or medical accommodation to the vaccine mandate, as well as workers who do not provide proof of a second Pfizer or Moderna dose within 45 days of submitting proof of the first dose.
Continue Reading New York City Announces Workplace COVID-19 Vaccination Requirement