California sues Tesla for alleged discrimination against Black employees

According to a lawsuit filed this week by the state, Elon Musk’s company Tesla is being sued by California’s Department of Fair Employment and Housing for racism and harassment against Black employees at Tesla’s Fremont plant. The lawsuit was deemed unfair by the company.

This lawsuit comes after three years of investigations into Tesla. It alleges that Fremont’s Black and African American employees are “segregated at the lowest levels.”

This lawsuit details multiple instances where racist language and drawings were used towards Black employees. It also penalizes them more severely than white employees.

The lawsuit states that “These many complaints made by Black workers about racial harassment and racial discrimination and retaliation over almost a decade have been futile.” Tesla has continued to dodge and deflect responsibility. Although Tesla claims it does not tolerate discrimination or racial harassment at its factories, Tesla’s complaints investigations are not in compliance with the law. “Prosecutors have detailed years of harassment, discrimination.”

According to the lawsuit, Tesla “turned and continue to turn a blind eye to years of complaints by Black employees at the plant.” Tesla, for example, is accused of being slow to remove racist graffiti from common areas and machines, such as those with KKK, N-word, and swastikas.

According to the lawsuit, a Black worker saw “hang N[]” next to an image showing a noose in the restroom. Another worker saw “all monkeys outside” and “fuckN[ ]” written on walls in the break room. According to some reports, the drawings and writing remained there for several months.

According to the lawsuit, discrimination against Black employees has been a constant practice since 2012, when Tesla began production. Black employees at Tesla claimed that their managers and supervisors used the N-word, and other racial slurs against them and other Black workers.

According to the lawsuit, some Tesla workers with tattoos of Confederate flags would make their tattoos visible in order to intimidate Black workers. Tesla workers allegedly called the factory the “slaveship” and “the plantation,” among other slurs. According to the lawsuit, “One Black worker heard these racist slurs as frequently as 50-100 times per day.”

According to the lawsuit, Black workers were required to clean the factory floor with their hands and knees, while other employees did not. Additionally, Black employees were given more physically demanding jobs.

Prosecutors claim that Black employees who complained about harassment or discrimination were subject to retaliation. Tesla also refused to take “all reasonable measures necessary” to stop ongoing discrimination, harassment, and retaliation.

Tesla claims the lawsuit is “counterproductive.”

NPR reached Tesla for comment but did not receive a response immediately.

California’s Department of Fair Employment and Housing (DFEH), stated that it tried to resolve the dispute without resorting to litigation. This would require an internal dispute resolution offered by the department at no cost. Tesla declined to attend a January mediation. The lawsuit claims that the parties could not resolve administrative complaints at mediation in February.

Tesla published a blog post titled “The DFEH’s Misguided Lawsuit” on the day that the lawsuit was filed. It called the lawsuit “unfair, counterproductive, and misleading.”

Tesla wrote that Tesla strongly opposed all forms of harassment and discrimination. They have a dedicated Employee Relations team which responds to all complaints and investigates them. “Tesla has terminated or disciplined all employees involved in misconduct, even those who harass others or use racial language.”

The blog post states that “a narrative spun by DFEH and a few plaintiff firms in order to generate publicity isn’t factual proof.”

Tesla states that it will ask for a pause in the case.