6 ms·

Tesla settles with worker who claimed employees told "welcome to the plantation"

52 points by Veserv 1y ago

Veserv 1y ago
Coming after Diaz v Tesla [1] where Tesla was found guilty of racial harassment and discrimination in that same Fremont, California plant (as can be seen here on page 3-11 [2]) to a degree that the jury deemed it worthy of a $136.9 million award, the single largest award in a race harassment case in American history [2]. That award was later reduced for procedural reasons as it was beyond the maximum limit the law allows. And further reduced in a subsequent trial evaluating direct damages due to emotional distress and loss of work which, as a matter of law, restricted the maximum allowable punitive damages. Despite that, the jury found it necessary to award punitive damages in excess of the standard maximum of 9:1 [4] which was upheld by the courts as, in the words of the judge: "Tesla’s conduct was reprehensible and repeated"[5] and as such the award in excess of standard maximums was "appropriate in light of the endemic racism at the Tesla factory and Tesla’s repeated failure to rectify it"[6]. [1] https://www.govinfo.gov/app/details/USCOURTS-cand-3_17-cv-06748/USCOURTS-cand-3_17-cv-06748-7/context https://www.govinfo.gov/app/details/USCOURTS-cand-3_17-cv-06... [2] https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06748/pdf/USCOURTS-cand-3_17-cv-06748-9.pdf https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06... [3] https://www.civilrightsca.com/key-verdicts/diaz-v-tesla-race-harassment/ https://www.civilrightsca.com/key-verdicts/diaz-v-tesla-race... [4] https://en.wikipedia.org/wiki/State_Farm_Mutual_Automobile_Insurance_Co._v._Campbell https://en.wikipedia.org/wiki/State_Farm_Mutual_Automobile_I... [5] https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06748/pdf/USCOURTS-cand-3_17-cv-06748-12.pdf https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06... Page 29 [6] https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06748/pdf/USCOURTS-cand-3_17-cv-06748-12.pdf https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06... Page 1 End of Paragraph 1.
- devwastaken 1y ago
  fake damage rewards are designed to benefit corps so they can cause public outrage in their favor while in reality paying a small fraction due to payout limitations.
  - milesrout 1y ago
    [flagged]
    - dragonwriter 1y ago
      > Damages are compensatory. No,compensatory damages are compensatory. Statutory and exemplary/punitive damages are not compensatory > Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid. tory. Juries aren't allowed to pick numbers out of the air; on compensatory damages, as the finder of fact, the jury performs the same function as a criminal jury, it determines what facts were proven to the required standard, including the amount of harm proven.
      - rainsford 1y ago
        I was on a civil jury a while ago and it was pretty eye opening how the process actually works. I'd say about half of the court time was dedicated to arguments about proving specific damages and ultimately the result was that the jury found in favor of the plaintiff but awarded a much lower damage amount than they were asking for specifically because they failed to prove that amount of harm. The idea of juries plucking random numbers of out thin air doesn't even remotely match my experience, or reality based on conversations I've had with lawyers I know.
    - rainsford 1y ago
      > Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid. That's not how civil jury trials work. Not only are juries specifically instructed that they can't just make up damages numbers, but a significant amount of the courtroom time will be dedicated to both sides presenting arguments for specific damage amounts with detailed justifications, expert witnesses, etc. I'm not saying trials never result in wonky damages amounts, but the idea that juries generally just randomly pick the biggest number they can think of is largely a media created fiction.
- milesrout 1y ago
  [flagged]
  - whateveracct 1y ago
    do you dispute these things happened?
  - rs186 1y ago
    So let's say it's an organized campaign. So what? Are they stating the facts? If so, does it matter?
  - a_puppy 1y ago
    A decade ago, citing sources in an online debate was considered normal. I think we should bring that back. If you cite sources, it's harder to lie, and you have to do at least a little bit of research before posting. It leads to much better discourse, IMO.
milesrout 1y ago
[flagged]
- _mlbt 1y ago
  [flagged]
  - whateveracct 1y ago
    "vandalize Teslas" hey cmon i just keep Kraft cheese singles in my car for a nice snack on the go I am a messy eater tho
- paulryanrogers 1y ago
  Words can punch down hard, especially when backed by centuries of systemic racism
  - milesrout 1y ago
    Who working at Tesla can speak with the force of a punch? Nobody. Words cannot "punch" in any direction. Don't abuse language to try to conflate words with violence. Violence is physical. Words are harmless.
    - shadowgovt 1y ago
      That's why incitement to riot isn't a crime. ... Wait, my mistake. Yes it is.
- rs186 1y ago
  I assume Tesla doesn't have to settle if there is no basis for the claim, if it does not violate any law, or it is not afraid of internal documents revealed about this in discovery. And Tesla has the money and hires lawyers for dragging an ordinary employee into deep lawsuits. If they care enough about what's "right" and the facts, they would prove that in court. The mere fact that there is a settlement says something to me.
djohnston 1y ago
Welcome to the slave house is far more egregious than welcome to the plantation. Not sure why they chose the latter for the headline of the article.
waltercool 1y ago
[dead]

52 points by Veserv 1y ago

Coming after Diaz v Tesla [1] where Tesla was found guilty of racial harassment and discrimination in that same Fremont, California plant (as can be seen here on page 3-11 [2]) to a degree that the jury deemed it worthy of a $136.9 million award, the single largest award in a race harassment case in American history [2]. That award was later reduced for procedural reasons as it was beyond the maximum limit the law allows. And further reduced in a subsequent trial evaluating direct damages due to emotional distress and loss of work which, as a matter of law, restricted the maximum allowable punitive damages. Despite that, the jury found it necessary to award punitive damages in excess of the standard maximum of 9:1 [4] which was upheld by the courts as, in the words of the judge: "Tesla’s conduct was reprehensible and repeated"[5] and as such the award in excess of standard maximums was "appropriate in light of the endemic racism at the Tesla factory and Tesla’s repeated failure to rectify it"[6]. [1] https://www.govinfo.gov/app/details/USCOURTS-cand-3_17-cv-06748/USCOURTS-cand-3_17-cv-06748-7/context https://www.govinfo.gov/app/details/USCOURTS-cand-3_17-cv-06... [2] https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06748/pdf/USCOURTS-cand-3_17-cv-06748-9.pdf https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06... [3] https://www.civilrightsca.com/key-verdicts/diaz-v-tesla-race-harassment/ https://www.civilrightsca.com/key-verdicts/diaz-v-tesla-race... [4] https://en.wikipedia.org/wiki/State_Farm_Mutual_Automobile_Insurance_Co._v._Campbell https://en.wikipedia.org/wiki/State_Farm_Mutual_Automobile_I... [5] https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06748/pdf/USCOURTS-cand-3_17-cv-06748-12.pdf https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06... Page 29 [6] https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06748/pdf/USCOURTS-cand-3_17-cv-06748-12.pdf https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06... Page 1 End of Paragraph 1.

devwastaken 1y ago
fake damage rewards are designed to benefit corps so they can cause public outrage in their favor while in reality paying a small fraction due to payout limitations.
- milesrout 1y ago
  [flagged]
  - dragonwriter 1y ago
    > Damages are compensatory. No,compensatory damages are compensatory. Statutory and exemplary/punitive damages are not compensatory > Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid. tory. Juries aren't allowed to pick numbers out of the air; on compensatory damages, as the finder of fact, the jury performs the same function as a criminal jury, it determines what facts were proven to the required standard, including the amount of harm proven.
    - rainsford 1y ago
      I was on a civil jury a while ago and it was pretty eye opening how the process actually works. I'd say about half of the court time was dedicated to arguments about proving specific damages and ultimately the result was that the jury found in favor of the plaintiff but awarded a much lower damage amount than they were asking for specifically because they failed to prove that amount of harm. The idea of juries plucking random numbers of out thin air doesn't even remotely match my experience, or reality based on conversations I've had with lawyers I know.
  - rainsford 1y ago
    > Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid. That's not how civil jury trials work. Not only are juries specifically instructed that they can't just make up damages numbers, but a significant amount of the courtroom time will be dedicated to both sides presenting arguments for specific damage amounts with detailed justifications, expert witnesses, etc. I'm not saying trials never result in wonky damages amounts, but the idea that juries generally just randomly pick the biggest number they can think of is largely a media created fiction.
milesrout 1y ago
[flagged]
- whateveracct 1y ago
  do you dispute these things happened?
- rs186 1y ago
  So let's say it's an organized campaign. So what? Are they stating the facts? If so, does it matter?
- a_puppy 1y ago
  A decade ago, citing sources in an online debate was considered normal. I think we should bring that back. If you cite sources, it's harder to lie, and you have to do at least a little bit of research before posting. It leads to much better discourse, IMO.

milesrout 1y ago

[flagged]

_mlbt 1y ago
[flagged]
- whateveracct 1y ago
  "vandalize Teslas" hey cmon i just keep Kraft cheese singles in my car for a nice snack on the go I am a messy eater tho
paulryanrogers 1y ago
Words can punch down hard, especially when backed by centuries of systemic racism
- milesrout 1y ago
  Who working at Tesla can speak with the force of a punch? Nobody. Words cannot "punch" in any direction. Don't abuse language to try to conflate words with violence. Violence is physical. Words are harmless.
  - shadowgovt 1y ago
    That's why incitement to riot isn't a crime. ... Wait, my mistake. Yes it is.
rs186 1y ago
I assume Tesla doesn't have to settle if there is no basis for the claim, if it does not violate any law, or it is not afraid of internal documents revealed about this in discovery. And Tesla has the money and hires lawyers for dragging an ordinary employee into deep lawsuits. If they care enough about what's "right" and the facts, they would prove that in court. The mere fact that there is a settlement says something to me.

djohnston 1y ago

Welcome to the slave house is far more egregious than welcome to the plantation. Not sure why they chose the latter for the headline of the article.

waltercool 1y ago

[dead]