The state of California has long been known for protecting workers’ rights. In keeping with this long tradition, the state has filed a lawsuit against Tesla, alleging that the massive electric vehicle manufacturer has permitted its flagship plant to become a racially segregated workplace.
This lawsuit was first filed in February of 2022 when the California Civil Rights Department (CRD) filed a 39-page complaint alleging multiple forms of racial bias. The claim focused on Tesla’s factory in Fremont, California, where the company manufactures most of its vehicles and employs 22,000 people. In the initial complaint, the CRD alleged that the factory segregated Black workers by unofficially restricting them to the lowest positions at the factory. Overall, there were more than 4000 Black workers at the factory, but only 3% of the plant’s professionals were Black. Furthermore, the plant did not employ any Black executives.
In addition, the complaint details various ways in which the Tesla factory was a hostile workplace. According to Black employees, supervisors frequently referred to the plant as a “slaveship” or “plantation.” Employees also stated that supervisors often used racial slurs to refer to the workers dozens of times a day. These slurs, as well as racist messages and swastikas, were allegedly found graffitied on various factory equipment.
Finally, the complaint stated that Black workers faced unfair discipline and scheduling, were assigned more physically strenuous tasks, faced harsher penalties for minor violations, and received less pay and fewer promotions than other employees. Workers who complained were retaliated against or fired. In short, the CRD’s lawsuit paints a picture of a workplace that was actively hostile towards its Black workers in just about every way possible.
Tesla has attempted to dispute and halt the lawsuit at every turn. Initially, the company requested the court dismiss the case entirely, arguing that the CRD failed to notify the company about all the claims before filing the lawsuit. However, California Superior Court Judge Evelio Grillo rejected the request for dismissal. Next, the company petitioned the California Office of Administrative Law (OAL), arguing that the CRD had adopted unlawful policies. The OAL declined to review the petition.
Most recently, in September 2022, Tesla countersued the CRD on the grounds that the agency had adopted so-called “underground regulations” that allowed it to sue the company without notice. The company alleged the CRD violated state law by not getting public comments on these new procedures.
Despite this counter lawsuit, the Tesla lawsuit demonstrates that the CRD, formerly known as the Department of Fair Employment and Housing (DFEH), is dedicated to protecting workers against racial discrimination. Not all types of racial bias are as apparent as slurs and swastikas, though. Here’s what racial bias may look like in your workplace and what you can do to fight back.
Racial Bias in Modern Work Environments
Racial discrimination is illegal at the federal and state level, but it’s still all too common. Even in supposedly accepting workplaces, people of color (POC) may suffer from a variety of biases, including:
- Unconscious bias: In many cases, racial bias is subconscious. The biased person may not realize that they’re making racially- motivated decisions. This kind of bias looks like a workplace where white people get promoted twice as often as people of color, or POC receive fewer raises despite their accomplishments. Companies are responsible for ensuring this kind of bias doesn’t occur, and failing to do so may make them liable for discrimination.
- Microaggressions: Managers and coworkers can make a workplace hostile to POC through minor, seemingly innocuous comments that accumulate and make the victims feel harassed or unsafe. For instance, constant comments about a POC’s food preferences or comments implying a POC can speak for their entire race can be microaggressions. If these occur often enough, they may be grounds for hostile workplace claims.
- Grooming policies: A common form of bias in the workplace is a negative attitude toward natural Black hair textures. If Black employees face more scrutiny for how they groom themselves or penalties for failing to present in a certain way, they may be facing discrimination.
Fighting Back Against Racism in the Workplace
You don’t have to accept racism in your workplace. If you’re suffering from your employer’s racial biases, here’s how you can take a stand.
- Document the racism you experience. Write down every instance of bias you face while at work and what your coworkers and supervisors do about it. Documenting these incidents can help you support your claim that you face discrimination.
- Talk to your coworkers. If there are other minority workers where you work, talk to them about their experiences. If you all notice similar trends in how you’ve been treated, you may be able to work together to force your employer to fix the situation.
- File a complaint with HR. Make the situation known to your Human Resources department, if your company has one. This may spur your employer to resolve the problem. If not, it creates a paper trail that shows you attempted to use the correct channels before going further.
- Get help. If your complaint doesn’t resolve the problem, or if you fear you may suffer retaliation for filing a complaint, consult with an experienced discrimination attorney. They will help you decide what to do next and represent you in court if you choose to take legal action.
Stand Up for Your Rights With the Law Offices of Todd M. Friedman, APC
No one should have to accept racial discrimination where they work. If you’ve suffered from racist biases in your workplace, you have every right to stand up for yourself and demand fair treatment. At the Law Offices of Todd M. Friedman, APC, we’re here to help you fight back.
We have decades of experience helping employees fight back against discrimination and pursue compensation for the injustice, harassment, and abuse they’ve faced. We are strong advocates for our clients and have the necessary resources to take on even the most powerful opponents. Schedule your consultation with our expert workplace discrimination attorneys today to learn more about how we can help you stand up to your racist employer, no matter how large it may be.
