David Tracey is a Financial Services Litigation Practice Group Co-Chair and a Senior Litigation Counsel in the New York office who works primarily on discrimination and wage and hour cases. He received his law degree from NYU Law School in 2013.
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As a result, our team more accurately mirrors America. Women, minority, and/or openly gay lawyers make up the majority of our staff. A passion for social justice unites our team - we all work to use the power of law to help create and enforce a more just society.
David Tracey is a Financial Services Litigation Practice Group Co-Chair and a Senior Litigation Counsel in the New York office of Sanford Heisler Sharp, LLP, a national law firm with offices in Washington, DC, New York, California, Tennessee, and Maryland. Mr. Tracey represents employees in individual and class actions involving discrimination, wage and hour violations, employee benefits, and civil rights. He received his law degree magna cum laude from New York University School of Law, where he was awarded membership in the Order of the Coif. He received his bachelor’s degree magna cum laude from Yale University.
Mr. Tracey has represented numerous clients with discrimination claims in federal and state courts and administrative agencies. He served as counsel in Barrett, et al., v. Forest Laboratories, Inc., et al., a class action gender discrimination lawsuit. He also currently serves as counsel to Yale undergraduates who are challenging the all-male admission practices of Yale’s fraternities and the allegedly hostile environment associated with Greek life.
Among his cases protecting workers’ rights, Mr. Tracey is currently counsel in Julian et al., v. Metropolitan Life Insurance Company, representing insurance claim specialists in their claims for unpaid overtime compensation. He also represents current and former employees in class action litigation against Morgan Stanley and Home Depot for allegedly mismanaging their 401(k) plans.
Mr. Tracey also frequently negotiates severance packages and settlement agreements for employees with claims of discrimination and retaliation. He has represented clients who work in a wide range of positions across a variety of industries, including finance, academia, advertising, and insurance.
Prior to joining Sanford Heisler Sharp, LLP, Mr. Tracey clerked for the Honorable Garland E. Burrell Jr., Senior Judge for the United States District Court, Eastern District of California.
While a law student, Mr. Tracey represented tenants of the New York City Housing Authority in eviction proceedings. He also successfully petitioned for the release of an incarcerated individual who was serving a life sentence under California’s former “three strikes” law.
Prior to his career in law, Mr. Tracey was a community organizer at the Harlem Children’s Zone, Inc. As an organizer, he worked with community members on projects concerning tenants’ rights, environmental health, and gun control.
- J.D., New York University School of Law, 2013 magna cum laude
- B.A., Yale University, 2008 magna cum laude
- New York University Racial Justice Clinic
- Honorable Garland E. Burrell Jr., Senior Judge for the United States District Court, Eastern District of California
- New York
- New Jersey
- Southern District of New York
- Eastern District of New York
- District of New Jersey
Sanford Heisler Sharp filed a $50 million nationwide class action complaint alleging that Connecticut-based Starion Energy perpetrates an illegal bait-and-switch scheme that has deceived and defrauded thousands of energy consumers out of millions of dollars. The suit is filed the U.S. District Court for the Southern District of New York.
The complaint alleges the company invests employees’ retirement savings in multiple funds that consistently underperform their investment benchmarks and other similar collective investment funds.
Sanford Heisler Sharp, LLP is looking to speak with CBS shareholders and employees as part of an investigation into the Company’s corporate culture and governance.
The lawsuit seeks unpaid overtime wages for Claim Specialists who worked on long term disability insurance claims (“LTD Claim Specialists”) for MetLife and two of its subsidiaries, Metropolitan Life Insurance Company and MetLife Insurance Company USA.
According to the complaint, the three student plaintiffs were groped at fraternity parties in their first semesters at Yale. The student plaintiffs know of other female students who experienced similar sexual harassment and assault during and after fraternity parties and at the hands of fraternity brothers.
According to the complaint, Home Depot has selected multiple poorly-performing funds for its 401(k) plan, allowed investment advisers to charge its employees unreasonable fees, and turned a blind eye to a kickback scheme between an investment adviser and the plan’s recordkeeper.
The Complaint asserts that GE and the Plan violated the Federal Employee Retirement Security Act (ERISA) by breaching their fiduciary duties and engaging in prohibited transactions and unlawful self-dealing detrimental to the three named plaintiffs individually and as representatives of a class.
In 2015, Sanford Heisler Sharp, LLP filed a $40 million lawsuit against Zara USA, Inc., the flagship brand for the largest fashion retailer in the world, Inditex Group. The lawsuit alleges that Zara discriminated against and then fired its in-house counsel, Ian Jack Miller, because he is Jewish, American, and gay. The case seeks damages for creating a hostile work environment, pay discrimination, and unlawful and retaliatory termination based on Mr. Miller’s nationality, religion, and sexual orientation.
In July 2012, Sanford Heisler Sharp, LLP filed a $100 million class action lawsuit against Forest Laboratories, Inc., and Forest Pharmaceuticals, Inc. (“Forest”) in federal court in New York, alleging, among other claims, that Forest discriminates against its female Sales Representatives by paying them less than their male counterparts. The Plaintiffs also allege claims of failure to promote, discrimination based on pregnancy and maternity leave, sexual harassment, and retaliation. In 2014, the Court denied Forest’s attempt to dismiss the Plaintiffs’ claims, and in 2015 the Court conditionally certified a class under the Equal Pay Act (EPA).
This gender discrimination class action against pharmaceutical giant Merck & Co., Inc. was originally filed by Plaintiff Kelli Smith in May 2013 in the U.S. District Court for the District of New Jersey. In January 2014, four additional class representatives from around the country joined the suit as plaintiffs alleging pay, promotion and pregnancy discrimination against the company.
- Suiting Up
- Female students sue Yale in bid to open ‘toxic’ fraternities to women
- 3 Women Sue Yale And 9 Fraternities, Saying They Enable Abuse And Harassment
- 3 Women Sue Yale And 9 Fraternities, Saying They Enable Abuse And Harassment
- Yale Aids Sexual Misconduct By Frats, Title IX Suit Says
- Women sue Yale to gender-integrate fraternities
- Women claiming sexual harassment at Yale fraternities take unexpected legal action
- Sanford Heisler Sharp Files Class Action Lawsuit Against Yale University & Nine of Its Fraternities
- Forest Laboratories Agrees to $4M Gender Discrimination Settlement
- Panel Finds Privilege Does Not Apply to Ex-GC’s Laptop
The Federal Fair Housing Act, along with many state and local laws, prohibits gender discrimination in housing, including sexual harassment. It is illegal for landlords, property managers, real estate agents, and maintenance staff to demand sexual favors in exchange for access to housing or repairs. They also cannot create a hostile environment for tenants based […]
A few months ago, I blogged about the considerable evidence of gender discrimination and sexual harassment in the medical profession. Here, I turn to the persistent racial and ethnic disparities among physicians. Like gender disparities, racial and ethnic disparities in medicine manifest in multiple forms—in pay, promotions, and harassment from colleagues and patients. A growing […]
Evidence-Based: Sexual Harassment and Gender Discrimination in Medicine Are Well-Established; It’s Time to Use the Law to Cure the Profession
When will #MeToo come to medicine? While high-profile cases of sexual misconduct have rocked individual medical institutions—Yale in 2014 and 2015; USC in 2017; and Michigan State this year—the profession has escaped the level of public scrutiny sweeping entertainment, media, academia, and politics. And it’s not for lack of evidence. A study appearing in the […]
So, you signed a severance agreement. The agreement says that you waived claims under a lengthy list of laws that you’ve never really heard of. In exchange, your former company gave you a few weeks’ salary. But you think you were the victim of discrimination, and you want to sue the company. Does the severance […]
You may remember that about a year a half ago, the Department of Labor, under President Obama, issued a rule that was going change what’s called the “salary level” for “white collar” workers. The salary level is part of the federal overtime rules. Those rules basically say: if you’re a white collar worker and you […]
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Early last month, amid the ongoing controversy sparked by North Carolina’s anti-transgender legislation, the New York State Assembly passed the Gender Expression Nondiscrimination Act (GENDA). The Act aims to protect New Yorkers from discrimination in housing, education, and employment based on their gender identity or expression. Presently, both New York and Federal law lack such […]
Last weekend, a group of determined NYU undergrads staged a 30-hour occupation of NYU’s Kimmel Center for University Life. The students, members of the Incarceration to Education Coalition (IEC), presented a simple demand: Ban the Box! Like many universities, NYU still asks applicants questions about their criminal and educational disciplinary histories. Literally, such questions appear next to […]
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There are several ways to get at this question. The campaign gristmills produce ample material –comments to the press, debate statements, stump speeches, tweets, YouTube videos. And, of course, with a few notable exceptions, most candidates have some legislative record. Several commentators have already sifted through this content to discern positions on pay equity (including, […]