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Tesla Is a 'Hotbed For Racist Behavior,' Worker Claims In Lawsuit (bloomberg.com)

An African-American employee has filed a lawsuit against Tesla, claiming their production floor is a "hotbed for racist behavior" and that black workers at the electric carmaker suffer severe and pervasive harassment. "The employee says he's one of more than 100 African-American Tesla workers affected and is seeking permission from a judge to sue on behalf of the group," reports Bloomberg. "He's seeking unspecified general and punitive monetary damages as well as an order for Tesla to implement policies to prevent and correct harassment." From the report: "Although Tesla stands out as a groundbreaking company at the forefront of the electric car revolution, its standard operating procedure at the Tesla factory is pre-Civil Rights era race discrimination," the employee said in the complaint, filed Monday in California's Alameda County Superior Court. The lawsuit was filed on behalf of Marcus Vaughn, who worked in the Fremont factory from April 23 to Oct. 31. Vaughn alleged that employees and supervisors regularly used the "N word" around him and other black colleagues. Vaughn said he complained in writing to human resources and Musk and was terminated in late October for "not having a positive attitude."

18 of 300 comments (clear)

  1. Uh huh by nehumanuscrede · · Score: 5, Insightful

    So was an Air Force Academy recently until it was found out that the very same person who was pitching a fit about " racism " was also the same person who wrote the slur on the wall to begin with.

    1. Re:Uh huh by ClickOnThis · · Score: 1, Insightful

      Great, well that settles a lot. All racist episodes are self-inflicted. Now let's go worry about something else.

      [/sarcasm]

      --
      If it weren't for deadlines, nothing would be late.
    2. Re:Uh huh by jcr · · Score: 5, Insightful

      The point that just sailed over your head is that we shouldn't take such a claim as true without corroborating evidence.

      You may return to your regular virtue-signaling posturing now.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    3. Re:Uh huh by Dutch+Gun · · Score: 1, Insightful

      Women have also been documented to have made up cases of abuse, rape, or threatening incidents. It doesn't mean that these incidents don't happen for real in plenty of other cases. All it means is that some people lie, especially when its in a situation to benefit them or punish those they have a grudge against.

      Let's see if there is any merit to the claims before rushing to judgement one way or another. If this truly is a systemic problem, it seems like there should be plenty of corroborating evidence and testimony to be had, according to the account described by the plaintiff.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    4. Re:Uh huh by RightwingNutjob · · Score: 1, Insightful

      It won't, because it's not aimed at the workers. If the UAW is behind it, the goal would be a show of force. As in, "don't fight the unionization effort or bad things will happen for your PR." Top-down SJW directives make accusations of racism more of a kiss of death for individual managers and executives because they can't be sure the company will have their backs. Thus, it's leverage against the footsoldiers of the opposing side.

      Conspiracy theory? Oh yeah. Plausible? Sure.

    5. Re:Uh huh by AmiMoJo · · Score: 2, Insightful

      Just check their post history, they think everything is a conspiracy created by Communists/trade unions/leftists. They don't need evidence, commies are everywhere, they infiltrated everything!

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:Uh huh by viperidaenz · · Score: 3, Insightful

      or 2.5) The complainant is partially accurate and the problem wasn't as widespread as they implied, and Tesla has already dealt with it but the complainant wants money.

      see sexconker's reply for an answer to you thinking I'm implying an alleged conspiracy.

  2. Re:To be fair.... by jcr · · Score: 4, Insightful

    Society itself is a "hotbed for racist behavior".

    Bullshit. Racism is not tolerated in polite society, and nearly all of the racists you can still find are either the handful of nazi wannabes or they're tenured leftards in taxpayer-dependent institutions.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  3. Re:I find this very hard to believe. by PopeRatzo · · Score: 1, Insightful

    Tossing off any racial epithet around here in the silicon valley is likely to make half of the people within earshot fall down in a swoon, and the other half going apeshit over it on twitter within milliseconds.

    Sort of like what happens in the South when a football player takes a knee.

    --
    You are welcome on my lawn.
  4. Culpability by ytene · · Score: 3, Insightful

    As a human being, I hang my head in shame for the fact that, in the 21st century, we still have to deal with racism. I just wish we could all grow up and behave like the advanced species we claim to be.

    One aspect of this story particularly interests me - and it might be a subtle, legal point - which is: what is/are the responsibilities of "Tesla the Company", with respect to tackling and preventing racism in the workplace?

    I am not for one moment suggesting that the claims of this plaintiff are anything less than genuine. What interests me is: as an employer, where do Tesla's responsibilities stop? Do they have to have anti-racism training for their staff? Do they have to have a grievance procedure? Do they have to have an anonymous whistleblowing program? Are there other things that an employer needs to demonstrate in order to avoid accusations of institutional racism?

    The reason I ask the original question is that it seems to me that we need to understand the difference between "Tesla the Company" and "Tesla's Other Employees". I would be willing to accept the words of the complaint that suggest that some employees at Tesla are out-and-out racists. I would hope that Tesla are doing all they can to identify and expel such people. But does the presence of one or more racist employees at any company mean that the company itself is racist?

    If not, how do we make the differentiation? Is it when 10% of employees are racist? 20%? Is it if the company fails to handle accusations of racism appropriately - and, if so, what does "appropriate handling" need to include?

    This is a sensitive, emotive and hugely important topic for us as a society: it is, perhaps, one of the defining aspects of human history over the last few hundred years, so I think that our response to this - as individuals, employers, colleagues and friends - is hugely important.

    But much as I'm concerned by these claims and would want to see some solid evidence of a reasonable response to them, I'm struggling to make the leap from "a number of employees at Company X demonstrated racist behaviour" as being equal to "Company X is racist".

    Is this reasonable skepticism, or is this splitting hairs that an unethical company would hide behind? Is it fair to make the distinction? What would be the indicators you would look for, in a case like this, before you would conclude that a company was racist?

  5. Re:To be fair.... by markdavis · · Score: 5, Insightful

    >"Society itself is a "hotbed for racist behavior".

    Um, not at all, at least not in the USA. That is a horribly inaccurate generalization. Racism is real, for sure. But it is nowhere near as prevalent as many would assume, and saying otherwise is really just irresponsible. And much of what people label as "racism" isn't at all, it is dislike of observed BEHAVIOR.

    And in the case of Tesla, we have yet to see any real proof of racism. There is a HUGE force (the union) trying to create problems that might not even exist. We need to keep an open mind and not jump to conclusions.

  6. Re:I, for one ... by war4peace · · Score: 4, Insightful

    Yes but as a white male you're not entitled to anything, not to mention being offended. Being offended "ist verbotten", so to speak.
    As a Romanian guy, lacking insight into fine points of American culture, I wonder why can black people use the N word freely among themselves, but as soon as a white person uses it, they're screwed to no avail? Up until 2006-2007, I genuinely thought "What's up, N*?" was a normal and expected salute towards a black person, because I've seen it used in movies a lot of times. Boy, was I wrong.

    --
    ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
  7. Unions by ArchieBunker · · Score: 5, Insightful

    This is coming from the unions who want into the plant. Notice how they are checking every box with race, gender, sexuality? Tesla said no so now the unions file frivolous lawsuits.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  8. Re:Racism sucks... fight back by Austerity+Empowers · · Score: 1, Insightful

    Or if he's having his legal bills and other arrangements funded by Tesla's competitors and enemies, and doesn't need to win so much as slander them... definitely not proud to be an american.

  9. Re:Racism sucks... fight back by Rei · · Score: 5, Insightful

    The reality is that we live in a world that every last lawsuit against Tesla (something that happens against all companies) will be extensively covered by the media, without any coverage of the outcome of the suits - which so far have all been in Tesla's favour.

    --
    The most exciting phrase to hear in science, the one that heralds new discoveries, is not âEureka!â(TM), but
  10. Re:Racism sucks... fight back by thomst · · Score: 5, Insightful

    Seven Spirals announced:

    I'm glad to live in a country where a guy like this can sue the Tesla. Hopefully, he had the presence of mind to record them or get some hard evidence. EEOC complaints can be an effective avenue, so can a discrimination lawsuit. The only way to stop this kind of behavior is to bow-up and fight back.

    I'm glad to live in a country where the legal system provides a means of redress for harassment in the workplace - which is not quite the same thing you seem to be happy about.

    As one of those rare /.ers who actually reads TFA which TFS summarizes (ahem), let me point out a couple of key quotes that are not included in the clickbait summary, above:

    A Tesla assembly line worker sued in March, claiming the company did little to stop co-workers from harassing him. In August, a judge sent the case to arbitration. A judge also partly granted Tesla’s request to compel arbitration in a case of a woman who sued in November 2016 complaining about pervasive harassment.

    At a guess (and this is only a guess, because I haven't read the judge's order), the judge in the first case sent the case to arbitration because the evidence against Tesla was something short of compelling. But, let's continue:

    According to Monday’s complaint, Musk sent an email to Tesla factory employees on May 31.

    "Part of not being a huge jerk is considering how someone might feel who is part of [a] historically less represented group." Musk wrote in the email. "Sometimes these things happen unintentionally, in which case you should apologize. In fairness, if someone is a jerk to you, but sincerely apologizes, it is important to be thick-skinned and accept that apology."

    "The law doesn’t require you to have a thick skin," [the plaintiff's attorney] said in an interview Monday. "Tesla is not doing enough. It’s somewhat akin to saying ‘stop being politically correct.’ When you have a diverse workforce, you need to take steps to make sure everyone feels welcome in that workforce."

    The first two paragraphs make it pretty clear that Musk disapproves of casual expressions of racism. His general memos carry more than a little weight at his company. Ask any of his employees about that.

    The third paragraph presents the plaintiff's attorney's opinion as fact. That's a commonplace lawyerly PR tactic designed to allow the barrister to define the bounds of the dispute. Any competent judge is going to ignore it, and instruct the jury to ignore it, as well, because, under the law, you do not have to "take steps to make sure everyone feels welcome in that workplace." What you have to do is take whatever steps are necessary to end racial harrassment of the plaintiff in your workplace - which is not quite the same thing.

    The fact that the attorney in question has applied to the judge for class action status makes it quite clear that he, at least, understands that at least as well as I do. (IANAL) Whether the jurist who's hearing the case will grant that status is a good question. Unless I miss my guess, his decision whether to do so will depend heavily on the case the plaintiff's lawyer makes for pervasive racial harassment at Tesla during pre-trial hearings.

    What we actually, verifiably know is that Marcus Vaughn, who worked at Tesla for six months, is suing Tesla in Alameda County Superior Court for allegedly failing to prevent racial discrimination against him, and that his lawyer, Larry Organ, an attorney at the California Civil Rights Law Group, has petitioned the judge to award his case class action status. That's it, that's all. Presuming culpability on Tesla's part is premature, to say the least, particularly in view of a previous case making the same general allegations having been referred by the judge to binding arbitration, rather than being permitted to g

    --
    Check out my novel.
  11. Re: To be fair.... by Anonymous Coward · · Score: 2, Insightful

    You still trying to blame Democrats and liberals because lawsuits in Wisconsin, Alabama, North Carolina, Texas, and Pennsylvania resulted in courts finding the conservative Republican governments in each of those states committed willful and deliberate racial discrimination in order to deter blacks from voting?

    Oh well, I guess you can blame Obama.

    After all, nobody could imagine the DMV being a hotbed of obstructive bureaucracy.

  12. Re:Racism sucks... fight back by CohibaVancouver · · Score: 4, Insightful

    Tesla is such an SJW company.

    What's amusing about all the "America, f*ck yeah!" folks complaining about Tesla being all "SJW" is the fact that of all the car companies, Tesla car are the 'most American-made' of any of the USA-based car companies.

    So anyone who is a patriot who says "Buy American!" should skip over their F150 pickup (64% American made) and buy a Tesla (100% American-made).

    Source: http://time.com/4677817/americ...