Tracey A. Kennedy

Tracey Kennedy is a partner in the Labor and Employment Practice Group in the firm's Los Angeles office.

Areas of Practice

Tracey is a trial attorney responsible for employment litigation matters on behalf of employers and management, including jury and bench trials and arbitrations. An experienced trial attorney, she has tried to verdict in state and federal court employment matters such as age, race, sex, national origin, sexual orientation and disability discrimination, as well as harassment, retaliation and wrongful termination claims. Tracey has also tried to verdict three wage and hour class actions. In addition, she provides preventive counseling to clients concerning personnel and employment matters.

Tracey is a Fellow in the American College of Trial Lawyers, a member of American Board of Trial Advocates (ABOTA) and a member of the College of Employment Lawyers. She has lectured around the country on personnel practices, employment discrimination, retaliation, harassment and wrongful termination.

Experience

Select Cases - Jury and Bench Trials, and Arbitrations 

• June 1989 – Jury Trial (14 days)
  Court: Riverside County Superior Court (Hon. Hanks)
  Case: Misdemeanor Possession
  Role: First Chair Prosecutor (certified law clerk)
  Verdict: Guilty
• March 1991 – Bench Trial (five days)
  Court: Los Angeles County Superior Court (Hon. Dzintra Janavs)
  Case: Breach of Construction Contract and Settlement Agreement
  Role: Lead Trial Attorney
  Verdict: Defense
• November 1993 – Jury Trial (14 days)
  Court: Los Angeles County Superior Court (Hon. Bernard Kaufman)
  Case: Wrongful Termination and Retaliation
  Role: Second Chair
  Verdict: Hung Jury
• May 1996 – Jury Trial (14 days)
  Court: Los Angeles County Superior Court (Hon. Valerie Baker)
  Case: Race Discrimination and Breach of Contract (27-year employee)
  Role: Second Chair
  Verdict: Defense as to Race Discrimination; Plaintiff as to Breach of Contract
• August 1996 – Jury Trial (14 days)
  Court: Los Angeles County Superior Court (Hon. Judith Chirlin)
  Case: Race Discrimination and Breach of Contract
  Role: Second Chair
  Verdict: Defense as to Race Discrimination; Plaintiff Verdict as to  Breach of Contract
• April 1998 – Jury Trial (25 days)
  Court: Los Angeles County Superior Court (Hon. Alexander Williams)
  Case: Wrongful Termination, Violation of Fair Credit Reporting Act, Retaliation and Race Discrimination
  Role: Second Chair
  Verdict: Plaintiff as to Wrongful Termination and Violation of FCRA and
  Defense as to Discrimination and Retaliation
• August 1998 – Jury Trial (seven days)
  Court: U.S. District Court for the Central District of California (Hon. Audrey Collins)
  Case: Age Discrimination (three plaintiffs)
  Role: Co-Counsel
  Verdict: Defense (as to all plaintiffs)
• October 1998 – Jury Trial (four days)
  Court: Los Angeles County Superior Court (Hon. Richard Kalustian)
  Case: Sexual Harassment and Retaliation
  Role: Lead Trial Attorney
  Verdict: Plaintiff (verdict was less than half of settlement offer)
• February 1999 – Jury Trial (eight days)
  Court: Los Angeles County Superior Court (Hon. James Dunn)
  Case: Age Discrimination and Breach of Contract
  Role: Co-Counsel
  Verdict: Defense
• June 1999 – Jury Trial (14 days)
  Court: Tulare County Superior Court (Hon. Patrick O'Hara)
  Case: Race and Age Discrimination and Breach of Contract
  Role: Lead Trial Attorney
  Verdict: Defense
• November 1999 – Jury Trial (seven days)
  Court: U.S. District Court for the Central District of California (Hon. William Rea)
  Case: Race Discrimination and Retaliation
  Role: Lead Trial Attorney
  Verdict: Defense
• January 2000 – Bench Trial (six days)
  Court: U.S. District Court for the Central District of California (Hon. Laughflin Waters)
  Case: Race and National Origin Discrimination, Race and National Origin Harassment and Retaliation
  Role: Lead Trial Attorney
  Verdict: Defense
• March 2000 – Bench Trial (five days)
  Court: Los Angeles County Superior Court (Hon. Joseph R. Kalin)
  Case: Breach of Written Employment Contract for Chief Financial Officer
  Role: Lead Trial Attorney
  Verdict: Plaintiff (fraud claims and individuals dismissed before trial)
• September 2000 – Jury Trial (five days)
  Court: Los Angeles Superior Court (Hon. Coleman Swart)
  Case: Breach of Implied Contract and Age and Sex Discrimination
  Role: Lead Trial Attorney
  Verdict: Defense
• August 2001 – Bench Trial (four days)
  Court: Los Angeles County Superior Court (Hon. James L. Wright)
  Case: Medical Condition and Disability Discrimination and Overtime Pay
  Role: Lead Trial Attorney
  Verdict: Defense
• November 2002 – Jury Trial (10 days)
  Court: Los Angeles County Superior Court (Hon. Ralph Dau)
  Case: Race Retaliation (three plaintiffs)
  Role: Lead Trial Attorney
  Verdict: Defense Verdict as to two Plaintiffs; Plaintiff Verdict as to retaliation in violation of public policy for one Plaintiff.
• March 2003 – Jury Trial (10 days)
  Court: Los Angeles County Superior Court (Hon. Alan Buckner)
  Case: Retaliation, Age Association Discrimination, Medical Condition Association Discrimination and Breach of Contract
  Role: Lead Trial Attorney
  Verdict: Plaintiff Verdict as to Retaliation and Breach of Contract; Defense Verdict as to all other claims.
• August 2003 – Jury Trial (10 days)
  Court: Los Angeles County Superior Court (Hon. Paul Gutman)
  Case: Age and Gender Harassment, Age and Gender Discrimination, Unequal Pay (Gender Based), Failure to Promote and Breach of Contract
  Role: Lead Trial Attorney
  Verdict: Plaintiff Verdict on gender harassment; Defense Verdict as to all other claims
• September 2005 – Jury Trial (25 days)
  Court: San Bernardino County Superior Court (Hon. Ben Kayashima)
  Case: Disability Discrimination, Violation of the California Family Rights Act and Breach of Contract
  Role: Lead Trial Attorney
  Verdict: Defense
• January 2006 – Jury Trial (19 days)
  Court: Los Angeles County Superior Court (Hon. Victor Persón)
  Case: Retaliation (Violation of Labor Code § 1102.5)
  Role: Lead Trial Attorney
  Verdict: Defense
• May 2008 – Jury Trial (24 days)
  Court: Orange County Superior Court (Hon. Peter Polos)
  Case: Gender Discrimination and Harassment, Retaliation and Loss of Consortium
  Role: Lead Trial Attorney
  Verdict: Defense
• July 2008 – Bench Trial (one day)
  Court: Los Angeles Superior Court (Hon. Louis Lavin)
  Case: Wage Penalties
  Role: Lead Trial Attorney
  Verdict: Defense
• August 2008 – Bench Trial (nine days)
  Court: Los Angeles County Superior Court (Hon. Susan Bryant-Deason)
  Case: National Origin Discrimination and Harassment
  Role: Lead Trial Attorney
  Verdict: Settlement (during trial)
• March 2009 – Jury Trial (eight days)
  Court: Los Angeles County Superior Court (Hon. Zaven Sinanian)
  Case: Pregnancy Discrimination, Pregnancy Harassment and Retaliation
  Role: Lead Trial Attorney
  Verdict: Defense
• August 2009 – Bench Trial (eight days)
  Court: Orange County Superior Court (Hon. Richard Luesebrink)
  Case: Disability Discrimination, Harassment, Retaliation and Failure to Accommodate
  Role: Lead Trial Attorney
  Verdict: Defense
• September 2009 – Bench Trial (10 days) (Class Action)
  Court: Los Angeles County Superior Court (Hon. William MacLaughflin)
  Case: Wage and Hour Class Action (Executive Exemption) (Business & Professions Code § 17200)
  Role: Lead Trial Attorney
  Verdict: Defense
• December 2009 – Jury Trial (eight days)
  Court: Orange County Superior Court (Hon. Franz Miller)
  Case: Overtime (Exemption) and Meal/Rest Period
  Role: Co-Lead Counsel
  Verdict: Defense
• February 2010 – Jury Trial (10 days)
  Court: Los Angeles County Superior Court (Hon. Ronald Sohigian)
  Case: Disability discrimination
  Role: Lead Trial Attorney
  Verdict: Plaintiff – new trial granted (settled post motion)
• August 2010 – Jury Trial (10 days)
  Court: Santa Rosa County Superior Court (Hon. Mark Tansil)
  Role: Co-Lead Trial Attorney
  Case: Sexual Harassment and Retaliation
  Verdict: Plaintiff
• October 2010 – Jury Trial (10 days)
  Court: San Francisco Superior Court (Hon. Charlene P. Kiesselbach)
  Case: Wrongful Termination and Reimbursement (Labor Code section 2802)
  Role: Co-Lead Trial Attorney
  Verdict: Defense
• March 2011 – Jury Trial (15 days)
  Court: Los Angeles County Superior Court (Hon. David Milton)
  Case: Civil Stalking, Wrongful Termination, Sexual Harassment and Gender Discrimination
  Role: Lead Trial Attorney
  Verdict: Plaintiff
• October 2011 – Jury Trial (six days)
  Court: Los Angeles County Superior Court (Hon. Louis Meisinger)
  Case: Retaliation, Wrongful Termination and Failure to Prevent Retaliation
  Role: Co-Lead Trial Attorney
  Verdict: Defense
• December 2011 – Jury Trial (25 days) 
  Court: Los Angeles Superior Court (Hon. Abraham Khan) 
  Case: CFRA Harassment Discrimination and Retaliation
  Role: Lead Trial Attorney
  Verdict: Plaintiff as to Retaliation, Negligence
  Verdict: Defense as to Harassment, Kin Care, Associational Discrimination and Punitive Damages (settled on appeal)
• April 2012 – Bench Trial (10 days) (Class Action)
  Court: Los Angeles County Superior Court (Hon. David Minning)
  Case: Wage and Hour Class Action (tip pool) (Business & Professions Code § 17200)
  Role: Lead Trial Attorney
  Verdict: Defense
• October 2012 – Bench Trial (five days)
  Court: Orange County Superior Court (Hon. Ronald Bauer)
  Case: Wrongful Termination and Blacklisting
  Role: Lead Trial Attorney
  Verdict: Defense
• December 2012 – Jury Trial (nine days)
  Court: Santa Barbara County Superior Court (Hon. Donna Geck)
  Case: Sexual Harassment Retaliation, Wrongful Demotion and Termination
  Role: Lead Trial Attorney
  Verdict: Defense
• February 2013 – Jury Trial (five days)
  Court: Southern District Texas (Hon. Vanessa Gilmore)
  Case: ADEA and TCHRA (age)
  Role: Lead Trial Attorney
  Verdict: Plaintiff
• March 2013 – Jury Trial (19 days)
  Court: Los Angeles County Superior Court (Hon. Abraham Khan)
  Case: Age and National Origin Discrimination, Defamation and Retaliation
  Role: Lead Trial Attorney
  Verdict: Plaintiff (three claims); Defense (two claims and punitive damages)
• February 2014 – Jury Trial (21 days)
  Court: Alameda County Superior Court (Hon. Robert McGuiness)
  Case: Age Harassment, Age Discrimination, Retaliation and Failure to Prevent (three defendants)
  Role: Lead Trial Attorney
  Verdict: Defense
• September 2015 – Arbitration (seven days)
  Arbitration: Los Angeles (Hon. Enrique Romero)
  Case: Sexual Harassment, Retaliation, Bane Act, Wrongful Termination by former employee and wrongful termination and indemnification by former supervisor (cross-complaint)
  Role: Lead Trial Attorney
  Verdict: Defense (all claims as to Claimant and Cross-Claimant)
• January 2016 – Jury Trial (12 days)
  Court: Los Angeles (Hon. Michael Johnson)
  Case: Sexual Harassment, Retaliation and Intentional Infliction of Emotional Distress
  Role: Lead Trial Attorney
  Verdict: Plaintiff
• March 2016 – Jury Trial (19 days) (Class Action)
  Court: Eastern District of California (Hon. Stanley Boone)
  Case: Class Action – Wage and Hour (Meal Period, rest breaks, premium payments, waiting time penalties and PAGA penalties) (Three certified classes of 29,500 current and former employees)
  Role: Lead Trial Attorney
  Verdict: Defense as to all claims but meal premium pay ($495,000), defense as to all PAGA penalties
• May 2016 – Jury Trial (six days)
  Court: Los Angeles County Superior Court (Hon. Victor E. Chavez)
  Case: Sexual, Race and Sexual orientation Harassment and Intentional Infliction of Emotional Distress
  Role: Lead Trial Attorney
  Verdict: Defense
• October 2013 – August 2016 Arbitration (50 days)
  Arbitration: FINRA arbitration (New York) Three Member Panel
  Case: Representing Claimant for Breach of Fiduciary Duty, Breach of Contract and Breach of Loyalty Interference with Contract
  Role: Co-Lead Trial Attorney (Three Lead Attorneys)
  Verdict: Claimant
• September 2017 – Arbitration (two days)
  Arbitration: James Adler
  Case: Disability Discrimination, Failure to Accommodate, Failure to Engage in Interactive Process, Retaliation and Wrongful Termination
  Role: Lead Attorney
  Verdict: Defense
• November 2017 – Jury Trial (12 days)
  Court: Orange County Superior Court (Hon. Derek Hunt)
  Case: Gender Discrimination, Retaliation, Failure to Accommodate, Failure to Engage in Interactive Process and Disability Discrimination
  Role: Lead Trial Attorney
  Verdict: Defense
• April 2018 – Jury Trial (seven days)
  Court: Los Angeles County Superior Court (Hon. Gregory Alarcon)
  Case: Disability Discrimination and Retaliation
  Role: Lead Trial Attorney 
  Verdict: Plaintiff as to retaliation ($42,000) Defense as to all other claims
• December 2020 – Arbitration (two days)
  Arbitration: Christine Masters
  Case: Retaliation and Wrongful Termination
  Role: Lead Attorney 
  Verdict: Defense
• March 2021 – Bench Trial (four days)
  Court: Los Angeles County Superior Court (Hon. Yolanda Orozco)
  Case: Sexual Harassment/Assault 
  Role: Lead Trial Attorney 
  Verdict: Defense
• August 2021 – Jury Trial (nine days)
  Court: Riverside Superior Court
  Case: Pregnancy Harassment/Discrimination, Retaliation, Failure to Accommodate, Failure to Prevent, Defamation, Wrongful Termination
  Role: Lead Trial Attorney 
  Verdict: Plaintiff-Defamation only; Defense as to remaining claims
• September 2021 – Jury Trial (six days)
  Court: United States District Court, Northern District of California (Hon. William Orrick)
  Case:  Race Harassment, and Retaliation (Section 1981)
  Role: Lead Trial Attorney 
  Verdict: Plaintiff (remitted and now on re-trial as to damages only)
• March 2022 - Arbitration (three days) 
  Arbitrator: Bonnie Siber Weinstock
  Case: Sexual Harassment, Gender Discrimination, Retaliation, Wrongful Termination, Breach of Contract
  Role: Lead Trial Attorney
  Verdict: Plaintiff breach of contract; Defense as to all other claims
• April 2022 - Jury Trial (eight days)
  Court: Orange County Superior Courts (Hon. David Hoffer)
  Case: Race Harassment, Retaliation, Negligent Retention and Supervision 
  Role: Lead Trial Attorney 
  Verdict: Defense 
• August 2022 - Arbitration (three days) 
  Arbitrator: Hon. Enrique Romero/Hon. Richard Stone
  Case: Disability Discrimination Retaliation, Failure to Accommodate, Failure to Engage in Interaction Process, Retaliation 
  Role: Lead Attorney 
  Verdict: Defense 
• August 2022 - Jury Trial (27 days)
  Court: Los Angeles County Superior Court (Hon. Stephen Czuleger) 
  Case: Sexual Harassment/Assault, Retaliation in Employment and Education
  Role: Lead Trial Attorney
  Verdict: Defense 
• September 2022 - Jury Trial (seven days)
  Court: Los Angeles County Superior Court (Hon. Daniel Murphy)
  Case: Sexual Harassment, Retaliation
  Role: Lead Trial Attorney
  Verdict: Defense 
• October 2022- Bench Trial (3 days)
  Court: Los Angeles County Superior Court (Hon. Shirley Watkins)
  Case: Constructive Termination, Negligence 
  Role: Lead Trial Attorney 
  Verdict: Defense
• November 2022 - Jury Trial (4 days)
  Court: U.S.D.C. - Central District (Hon. Michael Wilner)
  Case: Non-payment of wages and penalties 
  Role: Co-Counsel (representing plaintiffs)
  Verdict: Defense 

Reported Cases:

• Cloud v. Northrop Grumman, 67 Cal. App. 4th 995 (1998)
• Louie Lu v. Hawaiian Gardens Casino, 50 Cal. 4th 592 (2010)

Honors

Leaders of Influence: Top Labor and Employment Attorneys, Los Angeles Business Journal, 2024

Leaders of Influence: Top Litigators and Trial Lawyers, Los Angeles Business Journal, 2024

Diversity, Equity and Inclusion Visionary, the Los Angeles Times, 2023

Top Woman Lawyer, Daily Journal, 2023

College of Labor & Employment Lawyers, 2022

Leading U.S. Corporate Employment Lawyers, Lawdragon, 2016-2025

Leading U.S. Litigator, Lawdragon, 2023-2025

Lawyer of the Year - Employment, Best Lawyers, 2022

Best Lawyer in America, Best Lawyers, 2020-2025

American College of Trial Lawyers, 2016

Client Service All-Star, The BTI Consulting Group, 2018

Top Labor & Employment Lawyer, Daily Journal, 2010 and 2012-2018, 2020, 2024

Most Influential Women Lawyers in Los Angeles, Los Angeles Business Journal, 2017

Most Influential Minority Lawyers in Los Angeles, Los Angeles Business Journal, 2016

Labor and Employment Star, Benchmark Litigation, 2015-2025

World Class Employment Lawyer, Lawdragon, 2014

Recognized as a Leading Employment Lawyer in USA, 11th Edition PLC Employment Multijurisdictional Guide, 2012

Top Women Lawyer/Litigator, Daily Journal, 2009, 2010, 2013, 2014, 2015 and 2017

Named one of The Nation's Most Powerful Employment Attorneys, Human Resource Executive, 2011 and 2015-2019

Southern California Super Lawyer, Super Lawyers, 2009-2024

Top California Labor & Employment Lawyer, Chambers USA, 2009-2024

Top Litigation Trial Lawyer, Nationwide, Chambers USA, 2022-2024

Recognized, Labor & Employment Litigation, Legal 500 US, 2011-2014 and 2017-2019, 2024

Top Ten Employment Defense Attorney, Daily Journal, 2009

Articles

Media Mentions

Speaking Engagements

• Tracey has lectured statewide on personnel practices, employment discrimination, harassment, wrongful termination, unfair business practices and trial practice and techniques.
• Featured Legal Commentator, National Association of Healthcare Recruiters, 2009-2015 

Events

Memberships

• Fellow, The College of Labor and Employment Lawyers
• Fellow, American College of Trial Lawyers
• Member, Association of Southern California Defense Counsel
• Member, American Board of Trial Advocates
• Member, American Trial Lawyers Association
• Member, Litigation Counsel of America
• Former Member, Executive Committee, Labor & Employment Law Section, Los Angeles County Bar Association
• Former Chair and Co-Chair, Barristers Sports Project Committee
• Former Member, Barristers Executive Committee
• Former Co-Chair, Barristers South Central Legal Services Committee
• Former Associate Editor, California Labor and Employment Law Quarterly
• Former Executive Committee Member, Labor and Employment Law Section, Beverly Hills Bar Association