The Mercury News

Ex-Tesla employee charges racism

Former assembly worker claims n-word was used but no HR investigat­ion

- By Ethan Baron ebaron@bayareanew­sgroup.com

PALO ALTO » A new lawsuit alleges Tesla’s factory floor is a “hotbed for racist behavior.”

In the suit, former assembly worker Marcus Vaughn, who said he was fired from the electric car maker for “not having a positive attitude,” claims supervisor­s and co-workers called him the n-word, but his written report to human resources about it drew no investigat­ion.

Tesla did not immediatel­y respond to a request for comment on the lawsuit, which was filed Nov. 13 at California Superior Court in Alameda County.

Vaughn’s lawsuit seeks certificat­ion as a class-action, to bring in current and former African-American Tesla factory workers.

“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 lawsuit alleges. “Race harassment has continued at the Tesla Factory, and became more widespread, because despite their knowledge of the harassment, Defendants have done nothing that could be reasonably expected to stop it.”

Vaughn’s legal action is the third lawsuit filed this year by black workers alleging racial slurs were used against them and that the company ignored their complaints. It is the first such suit to seek class-action status.

Vaughn claimed in the suit that shortly after he started working at Tesla in April, supervisor­s and co-workers began targeting him for harassment on the basis of his race. The nword was used against him “on a regular basis,” and he witnessed the use of the slur toward other black employees, he claimed. He said he was fired in October.

His legal complaint included a memo it said was from Tesla CEO Elon Musk to employees. In the reported May 31 memo, Musk appeared to push back against minority workers’ grievances.

“Part of not being a huge jerk is considerin­g how someone might feel who is part of historical­ly less represente­d group,” Musk wrote in the emailed memo, according to the lawsuit. “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.”

Vaughn’s lawsuit took issue with the purported response from the Tesla chief to problems in the workplace.

“In light of CEO Musk’s message to employees that racist epithets can be directed ‘unintentio­nally’ and that it is ‘important to be thick-skinned,’ it is not surprising that the Tesla Factory has become a hotbed for racist behavior,” the suit said.

Vaughn is seeking unspecifie­d general and punitive damages under California anti-discrimina­tion law.

On top of lawsuits, Tesla is facing criticism over its failure to meet production targets for its entry-level sedan, the Model 3.

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