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Tracy E.
Kern

Position
Partner
Office
New Orleans

Tracy Kern is a partner in the Labor & Employment Practice Group. Her practice covers the spectrum of employment litigation.


Tracy represents clients in myriad matters, including state and federal claims, and individual and class action suits. She has handled cases involving claims of race, age, disability, national origin, and sex discrimination, as well as sexual harassment, retaliatory discharge, FMLA, FLSA, and noncompete/restrictive covenant issues. Her experience includes successfully litigating cases on a national basis in more than 35 jurisdictions.

Tracy also helps employers avoid employment litigation. This aspect of her practice includes regularly advising employers regarding proposed employment decisions, reviewing and drafting employment policies and handbooks, and conducting training sessions concerning sexual harassment and other employment matters. In addition, Tracy has drafted and defended numerous restrictive covenants, executive agreements, and independent contractor agreements.

Before joining Jones Walker, Tracy was a partner and co-chair of the Labor and Employment Practice Area at Frilot Partridge, L.C.

Noteworthy

  • BTI Client Service All-Star MVP (listed annually since 2014)
  • The Best Lawyers in America®, Employment Law – Management and Litigation – Labor & Employment (listed annually since 2013)
  • Louisiana Super Lawyers, "Rising Star," Employment & Labor (listed annually since 2008)
  • New Orleans Magazine, Top Lawyer (2023)

Experience

  • Won a defense verdict in a case tried before a jury in federal court in Miami, Florida, alleging violations of the FLSA on behalf of a national automotive retailer
  • Won a defense verdict in a race, national origin, and disability discrimination case tried in federal court in Phoenix, Arizona, on behalf of a national automotive retailer
  • Earned a defense verdict in a race discrimination and retaliation case tried in state court in Flint, Michigan, on behalf of a national automotive retailer
  • Earned a defense verdict in a race discrimination and retaliation case tried in federal court in Memphis, Tennessee, on behalf of a national automotive retailer
  • Earned a defense verdict in a retaliation case tried before a jury in state court in Detroit, Michigan, on behalf of a national automotive retailer
  • Won a defense verdict in a two-plaintiff sexual harassment and intentional infliction of emotional distress case tried before a jury in Evansville, Indiana, on behalf of a national automotive retailer
  • Obtained a defense verdict in a retaliatory discharge and breach of contract case tried in state court in Nashville, Tennessee, on behalf of a national automotive retailer
  • Won a defense verdict in a sexual harassment and retaliation case tried before a jury in federal court in Phoenix, Arizona, on behalf of a national automotive retailer
  • Won a defense verdict in a sexual harassment and retaliation case tried before a jury in federal court in El Paso, Texas, on behalf of a national automotive retailer
  • Obtained a defense verdict in a defamation and intentional infliction of emotional distress case tried before a state court jury in Brownsville, Texas, on behalf of a national automotive retailer
  • Won a defense verdict in a sexual harassment, assault and battery, retaliation, and intentional infliction of emotional distress case tried by a jury in state court in Tucson, Arizona, on behalf of a national automotive retailer
  • Earned a defense verdict in an age discrimination and workers’ compensation retaliation case tried before a federal jury in Evansville, Indiana, on behalf of a national automotive retailer
  • Won a defense verdict in a disability and retaliation case tried by a jury in federal court in Kansas City, Missouri, on behalf of a national automotive retailer
  • Earned a defense verdict in a hostile work environment and retaliation case tried by a jury in federal court in Wilmington, Delaware, on behalf of a national automotive retailer
  • Won a defense verdict in a race discrimination case tried by a jury in federal court in New Orleans, Louisiana, on behalf of a local medical facility
  • Won a defense verdict in a race discrimination case tried before a jury in Shreveport, Louisiana, on behalf of a large industrial facility
  • Obtained a defense verdict in an age discrimination case tried to jury in federal court in Indianapolis, Indiana, on behalf of a national convenience store
  • Secured a defense verdict in a case tried before a jury in the US District Court for the Eastern District of Louisiana alleging race discrimination, retaliation, and violations of the Louisiana Environmental Whistleblower Statute, on behalf of an international agricultural company with a facility located in Luling, Louisiana
  • Secured a defense verdict in a case tried before a jury in Idaho alleging gender discrimination, breach of contract, and retaliation on behalf of a national contractor
  • Obtained numerous summary judgments in state and federal courts and successful appeals to the US Court of Appeals for the Second, Fifth, Sixth, and Seventh circuits

 

Presentations

  • "The Times They Are A-Changing: Change is What the Obama Administration Promised, and Change is What We've Got," Jones Walker LLP Annual Labor and Employment Seminar, New Orleans, Louisiana, March 11, 2010

Memberships

  • American Bar Association, Member, EEO Committee
New Orleans
201 St. Charles Ave
New Orleans, LA 70170-5100
D: 504.582.8134
F: 504.589.8134
Emailtkern@joneswalker.com

Education

  • Louisiana State University Paul M. Hebert Law Center
    JD, 1990
    Chancellor's List; Recipient of Henry Plauche Dart Academic Scholarship
  • Louisiana State University
    BA, Political Science, 1987
    Dean's List; Vice President, Gamma Beta Phi Honor Society; Alpha Lambda Honor Society; Phi Kappa Phi Honor Society

Bar Admissions

  • Louisiana

Court Admissions

  • US Court of Appeals for the First Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US District Court for the District of Colorado
  • US District Court for the Central District of Illinois
  • US District Court for the Eastern District of Louisiana
  • US District Court for the Middle District of Louisiana
  • US District Court for the Western District of Louisiana
  • US District Court for the Western District of Michigan
  • US District Court for the Western District of Texas

Related Practices

  • Labor & Employment
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