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Tesla must pay a former worker $137 million for racist abuse
Posted on 10/5/21 at 7:57 am
Posted on 10/5/21 at 7:57 am
quote:
A San Francisco federal court decided that Tesla must pay a former worker, Owen Diaz, around $137 million after he endured racist abuse working for the company, his attorneys told CNBC on Monday. The jury awarded more than attorneys asked for their client, including $130 million in punitive damages and $6.9 million for emotional distress.
Diaz, a former contract worker who was hired at Elon Musk’s electric vehicle company through a staffing agency in 2015, faced a hostile work environment in which, he told the court, colleagues used epithets to denigrate him and other Black workers, told him to “go back to Africa” and left racist graffiti in the restrooms and a racist drawing in his workspace.
Dude didn't sign mandatory arbitration clause when he was hired, maybe because he was a peon, so was able to go to trial. No word whether Tesla will appeal or not. Obviously a double-edged sword with that.
CNBC
This post was edited on 10/5/21 at 8:00 am
27
Posted on 10/5/21 at 8:00 am to Diseasefreeforall
quote:
No word whether Tesla will appeal or not.
I would imagine they plan to appeal. $130M is egregious
Posted on 10/5/21 at 8:01 am to Diseasefreeforall
quote:
No word whether Tesla will appeal or not.
I think we know the answer there...
Posted on 10/5/21 at 8:02 am to Diseasefreeforall
Reason #1,097,871 Elon is moving his businesses out of CA.
Posted on 10/5/21 at 8:02 am to Diseasefreeforall
What if Elon simply said “go frick yourself”
Posted on 10/5/21 at 8:03 am to Diseasefreeforall
Ummm, where do I sign up to get called names and get $130,000,000.?
Posted on 10/5/21 at 8:04 am to Diseasefreeforall
quote:
No word whether Tesla will appeal or not.
I can't wait to see all the other people lining up for lawsuits. In this day in age you can literally claim made-up racism and walk away a millionaire.
(not saying that's what this guy did, just in general that this opens up some major doors for this kind of suit/payout)
Posted on 10/5/21 at 8:04 am to Diseasefreeforall
So this really means taxpayers will have to pay this, right?
Posted on 10/5/21 at 8:08 am to CocomoLSU
quote:
I can't wait to see all the other people lining up for lawsuits. In this day in age you can literally claim made-up racism and walk away a millionaire.
Tesla squashes their exposure through mandatory arbitration provisions. It's a smart move in a day where an employer can be sued for something some employees say as if you have control over their speech and actions.
What is odd is there are investors pushing for Tesla to end the mandatory arbitration. It even discusses this in the linked article.
quote:
Tesla uses mandatory arbitration to compel employees to resolve disputes behind closed doors rather than in a public trial.
Like other companies that use mandatory arbitration, Tesla rarely faces significant damages or takes deep corrective actions after arbitrators settle a dispute. However, Tesla was required to pay $1 million — as the result of an arbitration agreement — to another former worker, Melvin Berry, who also endured a racist, hostile workplace at Tesla.
A pending class-action lawsuit in Alameda County in California — Vaughn v. Tesla Inc. — also alleges that Tesla is rife with racist discrimination and harassment.
“We were able to put the jury in the shoes of our client,” Alexander told CNBC. “When Tesla came to court and tried to say they were zero tolerance and they were fulfilling their duty? The jury was just offended by that because it was actually zero responsibility.”
A shareholder activist, Nia Impact Capital, is urging Tesla’s board to study the effects of mandatory arbitration on their own employees and culture.
In particular, the Oakland-based social impact fund is concerned that mandatory arbitration can enable and hide sexual harassment and racist discrimination from Tesla stakeholders, ultimately harming employees, dampening morale and productivity as well as weighing on the bottom line.
Posted on 10/5/21 at 8:08 am to Diseasefreeforall
I think a one million dollar cap on trauma caused by reading graffiti is in order.
Posted on 10/5/21 at 8:09 am to stout
quote:
However, Tesla was required to pay $1 million — as the result of an arbitration agreement — to another former worker, Melvin Berry, who also endured a racist, hostile workplace at Tesla.
I wonder how mad Melvin is. He got one million, and this dude is about to get $137 million.
Posted on 10/5/21 at 8:12 am to Diseasefreeforall
quote:
colleagues used epithets to denigrate him and other Black workers, told him to “go back to Africa” and left racist graffiti in the restrooms and a racist drawing in his workspace.
I wonder what evidence was presented of this? Sounds fake as hell but I would hope that there would be something solid in order for a judge to rule this way...but $130 million? How the hell does one come up with that? People get way less in wrongful death lawsuits.
Posted on 10/5/21 at 8:14 am to CocomoLSU
quote:
I wonder how mad Melvin is. He got one million, and this dude is about to get $137 million.
Well, Melvin signed the arbitration clause as required and still got way more than he should have for hearing some mean words.
I am sure the HR person that forgot to get the $137 million lawsuit dude to sign the arbitration clause was jobless long ago. Talk about a huge mistake.
Posted on 10/5/21 at 8:15 am to Diseasefreeforall
quote:
including $130 million in punitive damages and $6.9 million for emotional distress.
Isn’t there an Alabama case on BMW paint that does not permit this type of award?
Posted on 10/5/21 at 8:15 am to Diseasefreeforall
$137 MM for hurt feelings. This is fawkin crazy.
Posted on 10/5/21 at 8:16 am to SUB
quote:
Sounds fake as hell
Because it probably is. I doubt that any company would allow this to continue to happen without a proper in-house investigation. This stuff is the whole reason HR departments are the size they are now.
Posted on 10/5/21 at 8:23 am to Diseasefreeforall
quote:
The jury awarded more than attorneys asked for their client,
There is the problem right there.
Posted on 10/5/21 at 8:26 am to Diseasefreeforall
quote:
colleagues used epithets to denigrate him and other Black workers, told him to “go back to Africa” and left racist graffiti in the restrooms and a racist drawing in his workspace.
I'm sure all of this happened.
Posted on 10/5/21 at 8:27 am to SUB
quote:
I wonder what evidence was presented of this? Sounds fake as hell but I would hope that there would be something solid in order for a judge to rule this way...but $130 million? How the hell does one come up with that? People get way less in wrongful death lawsuits.
This was a jury verdict, correct?
Posted on 10/5/21 at 8:27 am to Diseasefreeforall
quote:fricking bullshite. I don't think we've seen a legit case of this yet. It's nothing but fake hate crimes. But. . .
colleagues used epithets to denigrate him and other Black workers, told him to “go back to Africa” and left racist graffiti in the restrooms and a racist drawing in his workspace.
quote:is going to tard out as much as possible. This is why they were smart to leave CA.
San Francisco federal court
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