Black Workers Set for Race Harassment Jury Trials; Hundreds of Black Workers Sue Tesla for Damages

Black Workers Set for Race Harassment Jury Trials; Hundreds of Black Workers Sue Tesla for Damages

For Immediate Release: November 17, 2025

Larry Organ, Esq. (415) 302-2901

Bryan Schwartz, Esq. (510) 444-9300

Matthew Helland, Esq. (415) 277-7235

David deRubertis, Esq. (818) 38-5654

Oakland, CA – Late last week, the Court of Appeal issued an emergency stay raising the potential that it will consider whether hundreds of Black Tesla workers can be joined together in suits in the Alameda County Superior Court in Oakland, California. Meanwhile, the Alameda County court indicated it would decertify the class of over 14,000 individuals certified last year in Vaughn, et al. v. Tesla, the lawsuit pending since 2017 challenging severe and pervasive race harassment against Black workers at the auto-maker’s Fremont, California factory, including the abundant use of the N-word. In the same order, Alameda County Superior Court is setting the first five plaintiffs for jury trials between April and July 2026.

On May 17, 2024, the Superior Court granted the plaintiffs’ motion to certify the class on three common issues, and ordered that individuals seeking damages would have to file their own suits. Since then, Vaughn plaintiffs’ counsel represent 580 Black workers who have personally sued Tesla for damages, with hundreds more having received the right to sue from California and planning to sue shortly. The Superior Court said that each individual must file separately, but plaintiffs filed a petition with the Court of Appeal, which last week resulted in an emergency stay from the Court of Appeal which may consider whether these workers’ suits can be combined.

Tesla sought decertification of the class, and plaintiffs’ counsel did not dispute “that the class must be decertified based upon the absence of a manageable trial plan,” leading the court to grant Tesla’s motion. Last month, the Superior Court rejected the trial plan Vaughn plaintiffs’ counsel presented, leading to the decertification. The decertification order is not a ruling by the court on the merits of the case; it is simply a procedural ruling that the cases should proceed as traditional actions not as a class action.

“Tesla has jumped out of the frying pan and into the fire, with this decertification, because they are now facing hundreds of victims of race harassment seeking damages in their own suits,” said Vaughn plaintiffs’ co-lead counsel Bryan J. Schwartz, of Bryan Schwartz Law, P.C. “Either together with other victims, or separately, these courageous Black workers will overcome Tesla’s endless delays and continue fighting to hold the company accountable,” added plaintiffs’ co-lead counsel Lawrence A. Organ, of California Civil Rights Law Group.

“We are thrilled to be scheduled to begin the jury trials for damages in 2026 to hold Tesla accountable and hopefully send a strong message to Tesla’s leadership that it must do much more to stop race harassment at the Fremont factory,” said plaintiffs’ lead trial counsel David deRubertis. “Sooner or later, Tesla will pay,” said plaintiffs’ co-lead counsel Matthew C. Helland of Nichols Kaster, LLP.

The Vaughn lawsuit is Alameda County Superior Court Docket No. RG17882082. The lawsuits being heard by the Court of Appeal are Smith v. Tesla, Brown v. Tesla, Hodges v. Tesla, Bibbens v. Tesla, and Barnette v. Tesla, Alameda County Superior Court case Nos. 25CV133754, 25CV134492, 25CV134548, 25CV134602, and 25CV134790.

About the First Named Plaintiff Marcus Vaughn

Plaintiff Marcus Vaughn began working at the Tesla Factory on April 23, 2017 as a General Assembly Associate. Shortly thereafter, employees and supervisors began targeting him for harassment on the basis of his race, including referring to him with the “N-word” on a regular basis. On July 21, 2017, Mr. Vaughn complained in writing to Human Resources and Elon Musk about the hostile work environment. Tesla did not conduct an investigation into Mr. Vaughn’s complaint, nor was he interviewed about his serious allegations of racism at the Tesla Factory. Instead, Tesla terminated Mr. Vaughn on October 31, 2017 for “not having a positive attitude.”

About California Civil Rights Law Group

The California Civil Rights Law Group, led by prominent trial attorney Larry Organ, is dedicated to furthering the cause of employee civil rights throughout the state. Larry’s firm previously won the landmark $136.9 million race harassment jury verdict against Tesla in Diaz v. Tesla. The legal team has made it its priority to provide help to those who need it the most, and specializes in representing plaintiffs in matters involving race, sex and disability harassment, discrimination, retaliation and wrongful termination.

About Bryan Schwartz Law, P.C.

Bryan Schwartz Law, P.C. is dedicated to continuing the struggle for civil rights and equality of employment opportunity and helping Americans from every background to achieve their highest career potential. The firm has recovered tens of millions of dollars for tens of thousands of workers in individual, class, and collective actions involving discrimination and retaliation, harassment, denied disability accommodations, whistleblower reprisal, wage and hour violations, Federal employees’ rights, and severance negotiations.

About Nichols Kaster, LLP

Nichols Kaster’s lawyers and staff are dedicated to protecting and advancing the rights of people who corporate America and its institutions have treated unfairly. From workplace discrimination, wage theft, and 401(k) mismanagement to discrimination in the schools and healthcare system, Nichols Kaster has a track record of zealous advocacy with compassion for its clients, built over nearly 50 years.

About The deRubertis Law Firm, APC

David M. deRubertis, the founder of The deRubertis Law Firm, APC in Beverly Hills, California, has been lead trial counsel in numerous record-setting employment jury verdicts, including the largest contested employment jury verdict in US history. Since mid-2022, he has achieved over $605 million in employment-related jury verdicts on cases where the combined, pre-trial offers were less than $4 million. Honors and recognitions include: “Trial Lawyer of the Year” by Consumer Attorneys Association of Los Angeles; “Elite Trial Lawyers – Employee Rights” and “Employment Law Trailblazer” by National Law Journal; Top 100 Lawyers in California by LA & SF Daily Journal; and two-time “Employment Law MVP” and “Employment Practice Group of the Year” by Law360.

** Individual results vary depending on the facts of the case; verdict amounts are often reduced by court or settlement.