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Do harassment claims against Musk raise legal issues for SpaceX, Tesla or his Twitter takeover?

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A report saying Tesla CEO Elon Musk's company SpaceX settled sexual harassment claims by a flight attendant on a private jet comes as the billionair­e eyes a takeover of Twitter.

Below is an overview of some of the key legal questions arising from the claims, which were published on Thursday by Business Insider, and which Musk has denied.

What are the claims against Musk?

Business Insider reported on Thursday that SpaceX paid $250,000 (€ 234,200) in 2018 to settle claims by an unnamed private jet flight attendant who accused Musk of exposing himself to her.

The article quoted an anony-mous person who said she was a friend of the flight attendant. The friend had provided a statement as part of a private settlement process, according to the article.

In Twitter posts on Thursday, Musk called the allegation­s "utterly untrue" and said the alleged exposure "never happened." Reuters could not independen­tly confirm the Business Insider report.

Has Musk faced any past sexual harassment complaints or lawsuits?

No. There are no other public harassment allegation­s against Musk.

Are Musk's companies facing sexual harassment or other employment lawsuits?

Tesla has faced accusation­s of race and sex discrimina­tion, including a race bias class action lawsuit in California state court and a lawsuit by California's Department of Fair Housing and Employment, which alleges widespread race discrimina­tion.

At least seven women have filed sexual harassment and discrimina­tion lawsuits against Tesla since late last year. These lawsuits are at an early stage.

Tesla has broadly denied wrongdoing and said it has adopted policies to prevent and punish workplace misconduct.

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Tesla is hardly unique in facing such legal challenges; most US companies with large workforces face some employment-related claims and lawsuits.

SpaceX is not facing lawsuits over sexual harassment, despite several accusation­s that female employees have made in the media and online. In December, for instance, a former SpaceX engineer wrote in a blog post that the company was "rife with sexism" and that her complaints of sexual harassment had been ignored.

SpaceX has said it rigorously in-vestigates harassment and discrimina­tion complaints and takes appropriat­e action when a company policy is violated.

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Is Musk a defendant in the law-suits against the companies?

No. Musk is not a defendant in any of the lawsuits. But, in several pending race discrimina­tion and sexual harassment cases employees have accused him and other senior company leaders of being dismissive about misconduct and of allowing hostile workplace conditions to fester.

Where do the lawsuits stand and how have the companies responded to them?

A federal judge in April awarded $15 million (€ 14 million) to a Black Tesla factory worker who claimed he was subjected to racial slurs and racist graffiti by coworkers at a Fremont, California, factory. Tesla has sought to pause the California agency's lawsuit, claiming it failed to conduct a proper investigat­ion before suing.

A California judge is expected to rule soon on Tesla's motion to send one of the sexual harassment lawsuits against Tesla to arbitratio­n. The judge is presiding over five similar cases, so his ruling could also affect those lawsuits.

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If Musk did settle with the flight attendant, would he have had a duty to disclose it to SpaceX's board?

Boards have a duty to ensure that companies comply with the law, including laws that prohibit sex discrimina­tion.

While board members aren't expected to know about every single allegation of rule-breaking, "they'd be expected to have procedures to know claims of lawbreakin­g directly against the CEO," said Ann Lipton of Tulane Law School.

Reuters was unable indepen-dently to determine the source of any funds used to compensate the alleged victim in the SpaceX case.

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Would Tesla's board know of the settlement?

Three 2016 SpaceX board members also served simultaneo­usly on the board of Tesla.

But they have a duty of confi-dentiality for informatio­n obtained as a director, so they may not have shared the informatio­n with the Tesla board. Reuters was unable to ascertain whether these board members disclosed the settlement.

Does Twitter have a reason to investigat­e?

The answer is "a clear 'no,'" Lipton said.

Musk is a large Twitter share-holder and has sought to buy the company, but when a board is selling a company for cash, its "only responsibi­lity is to get the highest price for shareholde­rs," she said.

 ?? ?? FILE PHOTO: Elon Musk's Twitter profile is seen on a smartphone placed on printed Twitter logos in this picture illustrati­on taken April 28, 2022.
FILE PHOTO: Elon Musk's Twitter profile is seen on a smartphone placed on printed Twitter logos in this picture illustrati­on taken April 28, 2022.

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