Tracy A. Walsh

Board of Directors & Employment Managing Partner
Philadelphia
2000 Market Street
Suite 1300
Philadelphia, PA 19103

Tracy A. Walsh is the Managing Partner of Weber Gallagher’s Employment Practice and serves on the firm’s Board of Directors. Tracy has over 30 years of experience in employment law, representing a broad spectrum of businesses, entities, and individuals in litigation matters, as well as providing counseling services. Her clients range from national companies, healthcare institutions, schools and colleges, casinos, restaurants, and manufacturing plants to nonprofit organizations, governmental entities, social services agencies, and small family-owned businesses, reflecting her versatility in understanding and addressing diverse client needs.

Tracy regularly defends employers in litigation in state and federal courts in Pennsylvania and New Jersey, binding arbitration forums, as well as government and administrative agencies such as the U.S. Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, the New Jersey Division on Civil Rights, and the Delaware Department of Labor, against claims involving discrimination, harassment, and retaliation under the anti-discrimination statutes such as Title VII, the ADEA, the ADA, the PHRA, and the NJLAD. Tracy also defends employers against claims involving the FLSA and state wage and hour laws, family leave laws such as the FMLA and NJFLA, and state whistleblower laws.

In addition to her extensive experience in employment-related litigation, Tracy’s litigation practice includes the defense of employers and organizations in negligence cases alleging sexual assault and misconduct, as well as civil rights and constitutional violations. Her clients arise from different industries, including religious institutions, educational institutions, residential treatment and long-term healthcare facilities, public entities such as municipalities, townships, and boroughs, as well as quasi-public agencies, government officials, and law enforcement officers.

Recognizing the importance of compliance with ever-changing workplace laws, Tracy actively engages in consulting with employers for best practices and risk management strategies. She provides legal guidance on preparing employee handbooks, personnel policies, and compliance protocols. Tracy is responsive to her client’s needs by collaborating with them to proactively address and prevent potential legal issues involving disability accommodations, leave laws, workplace investigations, and discipline and termination strategies.

In addition to her governance on the firm’s Board of Directors, Tracy’s commitment extends beyond her practice, as evidenced by her active involvement in firm initiatives such as the Pro Bono Committee and the Diversity, Equity & Inclusion Committee including the Women’s Initiative. Tracy is also the past Chair of the firm’s Pro Bono Committee.

Recognized as a leader in her field, Tracy has garnered accolades and commendations for her outstanding contributions. Martindale-Hubbell has honored her with an AV Preeminent®, rating, distinguishing her as a top-tier attorney in Labor and Employment Law. She has also been featured in the Pennsylvania edition of Super Lawyers in Employment Law from 2011-2012 and 2020-2022.

Professional & Community Involvement

  • Defense Research Institute (DRI)
    • Employment Law Committee
    • Governmental Liability Committee
  • Society for Human Resource Management (SHRM)

Speaking Engagements

  • 08.09.23 The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation
  • 05.11.22 The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation
  • 09.30.21 COVID-19 Mandates and Accommodation Requests: What Employers Need to Know
  • 08.10.21 What Employers Need to Know About Delaware’s June Legislative Session – Part 2
  • 06.23.21 What Employers Need to Know About Delaware’s June Legislative Session – Part 1
  • 04.06.21 COVID-19: Vaccine and Return to Work Implications for Employers and Workers’ Compensation Claims
  • 11.11.21 Speaker, “Federal COVID-19 Vaccine Mandates Are Here! What Do You Need to Do Now?”
  • 12.04.19 Panelist, “Challenging the Status Quo: Self-Advocacy, Career Development & Sponsorship”
  • 05.21.19 What Employers Need to Know in the Era of the #MeToo Movement
  • 10.02.18 Employment Webinar on December 11th – “Year End Review: New Employment Laws in PA, NJ & NY” presented by Tracy A. Walsh and Jennifer G. Laver
  • 06.19.18 Tracy Walsh Presents at Pennsylvania Bar Institute’s “Handling a Sexual Harassment Case”
  • 02.13.18 Workplace Investigations: Tips for Conducting Internal Workplace Investigations of Harassment & Discrimination claims
  • 09.12.17 Substance Abuse in the Workplace
  • 08.23.17 Employment Webinar: Substance Abuse in the Workplace
  • 05.03.17 The FMLA Certification Process
  • 05.30.17 “Substance Abuse in the Workplace: Employees with Addiction Issues, Greater Philadelphia Hotel Association
  • 03.01.17 “The Interplay of FMLA, ADA and Workers’ Compensation,” Greater Philadelphia Hotel Association
  • 03.20.15 Presenter, “Employment Law Update: Managing in 2015 and Beyond,” eXude, Philadelphia, PA
  • 04.11.14 Panelist, “A Labor & Employment Roundtable Discussion,” The Legal Intelligencer

Cases and Experience

Obtained summary judgment, affirmed by the Third Circuit Court of Appeals, of disability discrimination and retaliation claims under the ADA, PHRA, and FMLA for a health care provider in a federal court case brought by a former employee.

Obtained summary judgment of gender/pregnancy claims under Title VII and the PHRA as well as First Amendment political affiliation and association claims for a municipality and several borough officials in a failure to promote case in federal court brought by a female police officer.

Obtained summary judgment, affirmed by the Pennsylvania Superior Court, of disability discrimination claims under the PHRA for a health care facility in state court in a case brought by a former employee.

Successfully defended health care institution, dismissing age discrimination claims brought under federal and state laws in a binding arbitration case brought by a former executive.

Successfully defended gaming and entertainment establishment, dismissing race, sex and retaliation claims brought under federal and state laws in a binding arbitration case brought by a former employee.

Obtained voluntary dismissal with prejudice of sexual harassment and retaliation claims for an employer in a state court case brought by a former employee.

Obtained voluntary dismissal with prejudice of negligent supervision claims for a school worker and employer in a federal court case.

Obtained dismissal of a wrongful discharge claim for a hospital in a binding arbitration case brought by a former director.

Obtained summary judgment, affirmed by the Third Circuit Court of Appeals, of civil rights claims, including Fourth Amendment violation claims based on individual and municipal liability, for a municipality and borough official.

Obtained dismissal of civil rights claims, including false arrest and selective prosecution and RICO violation claim for police officer in a federal court case.

Obtained dismissal of civil rights claims, including malicious prosecution, wrongful seizure and excessive force, as well as state law claims, for nonprofit organization and law enforcement officer in two federal court cases.

Obtained dismissal of intentional infliction of emotional distress claim and §1985 conspiracy claim for a municipality and township officials in a gender discrimination federal court case brought by a female police officer.

Obtained dismissal of a Pennsylvania Whistleblower Law claim for a telecommunications company in a federal court case brought by a former employee.

Obtained voluntary dismissal with prejudice of malicious prosecution and civil conspiracy claims for a board member of a non-profit organization in a state court case brought by multiple plaintiffs.

Obtained dismissal of First Amendment retaliation and §1983 civil conspiracy claims for a municipality and several borough officials in a federal court case brought by a former employee.

Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter that we or any lawyer may be retained to handle.

News & Presentations

08.09.23 | Webinars & Events | Workers’ Compensation, Employment
The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation
05.24.22 | Firm News, Press Releases | Family Law, Casualty, General Liability, Premises Liability, Product Liability, Insurance, Workers’ Compensation, Medical Malpractice, Civil Rights & Municipal Liability, Employment, Business Transactions & Commercial Litigation, Creditors’ Rights
05.11.22 | Webinars & Events | Workers’ Compensation, Employment
The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation

Assistant

Education

  • Temple University James E. Beasley School of Law, J.D., 1991
  • Pennsylvania State University, B.A., magna cum laude, 1988

Practices

Admissions

  • Pennsylvania
  • New Jersey
  • United States Supreme Court
  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
  • United States Court of Appeals for the Third Circuit
  • United States District Court for the Eastern District of Pennsylvania
  • United States District Court for the Western District of Pennsylvania
  • United States District Court for the Middle District of Pennsylvania
  • United States District Court for the District of New Jersey

Industries

Awards & Recognition

  • Martindale-Hubbell AV Preeminent® rating
  • Pennsylvania Super Lawyers, Labor and Employment Law, 2011 – 2012, 2020 – 2022
Weber Gallagher Simpson Stapleton Fires & Newby, LLP
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