Court Certifies Historic Race Harassment Class Action Against Tesla: Thousands of Black Workers at Fremont, California Factory May Participate

Court Certifies Historic Race Harassment Class Action Against Tesla: Thousands of Black Workers at Fremont, California Factory May Participate

For Immediate Release: May 20, 2024

Bryan Schwartz, Esq. (510) 444-9300

Larry Organ, Esq. (415) 302-2901

Matthew Helland, Esq. (415) 277-7235

Oakland, CA – Late Friday, the Alameda County Superior Court in Oakland, California certified a long-pending, historic class action, Vaughn, et al. v. Tesla, 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. The class action is expected to impact thousands of current and former Tesla production workers from 2016 to present.

The court found that “[t]he approximately 500 declarations in support of and in opposition to this motion suggest that over a period of approximately eight years Tesla workers in the Fremont factory heard the n-word and otherwise experienced conditions that might reasonably be characterized as race harassment.” The court’s decision recognized that the plaintiffs have already compiled a list of nearly 6,000 Black workers affected, with an anticipated notice that may reach thousands more, as well.

Tesla failed in many attempts to end the case with multiple motions and appeals regarding supposed arbitration agreements, and now faces a class-wide inquiry as to whether there was a “pattern or practice of pervasive race harassment” at the Fremont factory, whether the company “knew or should have known” about it, and whether the company failed to “take immediate and appropriate corrective action.” If the plaintiffs are successful on these questions, then the court may issue an injunction to stop Tesla’s racist practices and force it to comply with California’s Fair Employment and Housing Act. All class members who are interested will have the opportunity to assert individual claims for damages.

“We are thrilled that – despite Tesla’s many tactics denying any accountability and trying to delay justice, the court saw the common issues presented here, which must be addressed on behalf of all the Black Tesla workers in Fremont – not piecemeal,” said Bryan Schwartz, of Bryan Schwartz Law, P.C., who argued the class certification motion for the plaintiffs.

Larry Organ, of the California Civil Rights Law Group, co-lead counsel for the plaintiffs, said, “For over seven years Black workers have been calling for action by Tesla to put a stop to the racist taunts at the Fremont factory. This case is about giving a voice to these calls and holding Tesla accountable for the pervasive racism. Class certification takes an important step forward in that fight for justice.”

“There is much work to do, but we believe we will succeed in showing at trial that there has been a pattern and practice of pervasive race harassment at Tesla’s Fremont factory, that Tesla knew or should have known about it, and that Tesla did not do enough to clean it up and stop it from happening again and again,” said Matthew Helland, of Nichols Kaster, LLP, co-lead counsel for the plaintiffs.

“I am proud that we have persevered and finally reached this important day, when all the Black workers will have a chance to speak up against the racism that I suffered at Tesla,” said Marcus Vaughn, the lead named plaintiff.

The lawsuit is Alameda County Superior Court Docket No. RG17882082. 

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.

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