Tracey is an experienced member of the firm’s Labor + Employment Practice Group. She counsels clients on workplace issues; provides harassment training; conducts internal investigations; drafts policies and procedures; negotiates employment and severance agreements; and advises on independent contractor, FMLA, and ADA compliance issues. She partners with clients to structure their workforce in the most efficient and effective way possible to help them achieve their business goals.
As part of her practice, Tracey has argued before the Equal Employment Opportunity Commission, state administrative agencies, as well as before federal and state courts. She handles matters in the enforcement or defense of noncompetition and nonsolicitation clauses, in addition to defending against discrimination and harassment claims. In the labor area, Tracey assists clients with negotiation of collective bargaining agreements and defense of grievances. An employment specialist, Tracey also advises companies on mergers and acquisitions.
Tracey is a member of the firm’s COVID-19 Response Team, advising clients on workplace issues related to the global pandemic. Additionally, Tracey is a member of the firm’s Food and Beverage and Cannabis Industry groups, and counsels clients in these industries on their unique labor and employment needs, including workplace counseling, as well as noncompete and labor union agreements.
“It does signal that the EEOC is going to be taking a stronger approach to denials of religious accommodation requests post-Groff than perhaps they were doing before,” said Tracey Diamond, an employer-side labor and employment attorney at Troutman Pepper Hamilton Sanders LLP. “It is definitely at the forefront of the EEOC’s agenda right now.”
Bloomberg Law
September 26, 2023
The ruling “will make it more difficult for employers to say ‘no’ to a request for an accommodation for religious reasons,” said Tracey Diamond, a lawyer at Troutman Pepper who has followed the case.
The Wall Street Journal
June 29, 2023
The decision in Groff presents a higher bar for employers to meet in order to deny an accommodation request for religious reasons, Tracey Diamond, partner at Troutman Pepper, said in an email to HR Dive. The court made several other clarifications, she added, including that employers must reasonably accommodate an employee’s religious practice, “not merely say yes or no to a particular possible accommodation.”
HR Dive
June 29, 2023
Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.
The court revives a lawsuit brought by a postal worker who said he was discriminated against for his Christian beliefs.
Employers may not demonstrate that a proposed accommodation of an employee’s sincerely held religious belief or practice constitutes an undue hardship under Title VII of the Civil Rights Act solely because doing so would pose “more than a de minimis cost,” the U.S. Supreme Court held in a Thursday decision overturning more than 40 years of legal precedent.