Gary Siniscalco

Senior Counsel

San Francisco

Gary, Senior Counsel and Co-Chair of Orrick's EEO & OFCCP Compliance Group, is a “zealous and well-connected advocate in the employment law arena” as described in Chambers by clients and peers. He has extensive experience in counseling and litigation defense for clients on equal opportunity, affirmative action (OFCCP) compliance, wrongful discharge, and in working with companies on cross-border employment issues. 

Gary has handled numerous class actions, pattern and practice cases and government audits, in court and before the EEOC and Department of Labor. Most recently, Gary served as senior counsel on the Orrick team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, a high-stakes systemic compensation discrimination case that garnered national media attention. Gary was named, "Litigator of the Week" by American Lawyer for his role in the successful defense of Oracle in litigation against the OFCCP. He brings a particularly unique perspective to clients on matters involving the EEOC, having served as regional counsel and senior trial attorney for the U.S. Equal Employment Opportunity Commission in San Francisco prior to joining Orrick.

Gary also has an extensive class actions practice, focusing on litigation, consent decree strategies and preventive advice. He has been designated as an expert or retained as special counsel in several federal court class actions throughout the United States.

Gary’s counseling practice extends beyond the United States and includes assisting U.S. multinational companies in dealing with complex employee issues in foreign jurisdictions

Gary is widely recognized as one the top management employment lawyers in the United States by every major ranking organization, including Chambers USA, the National Law Journal, Best of the Best USA (Euromoney), and Who’s Who Legal. Among management employment lawyers in the United States and Europe, Gary is ranked in the top 10 of Who’s Who international management labor and employment lawyers and is described as “absolutely superb.”

Gary also serves regularly on the NYU faculty for training federal judges on employment law, the OFCCP Institute, PLI International Employment Law and ABA Labor and Employment Law Section programs.

  • Some of Gary’s representations include:

    • several EEOC commissioner’s charges and individual claims of race and national origin discrimination in the use of criminal background checks against a major financial services company;
    • a commissioner’s charge alleging race discrimination in hiring and promotions; a multi-employee race promotion and pay case against a major retail store chain; and
    • EEOC Equal Pay Act investigations; and OFCCP systemic pay and promotion audits.
    • obtained a complete dismissal of all claims in a high-stakes case against the OFCCP involving allegations of systemic compensation and job assignment discrimination at Oracle's headquarters location.
    • also won decertification of a related pay equity class action for Oracle.