Tesla’s Defense Says Context Matters In Use Of The Racial Slur As Black Workers Describe Years Of Alleged Harassment, Discrimination And Retaliation
Tesla’s legal team is arguing that the N-word is not always racial harassment, telling a California court that the slur can be used among Black people as a greeting or term of endearment as the automaker faces sweeping allegations of discrimination against Black workers.
The argument came during opening statements in a major discrimination trial brought by the California Civil Rights Department over working conditions at Tesla’s Fremont factory.
Tesla attorney Tyree Jones argued that California’s case fails to account for context surrounding use of the word, saying the state was attacking “the way that many Black people greet each other, express respect for each other, and express endearment and love for each other.”
Jones, who is Black, argued there is a distinction between the slur being directed at a Black person by a white person and Black people using the word among themselves.
The state’s case, however, extends far beyond disputes over how individual workers may have used the word.
Black Workers Allege Years Of Racist Treatment
California’s Civil Rights Department sued Tesla in 2022, alleging Black employees endured years of racial harassment, discrimination and retaliation at company facilities, particularly the Fremont factory.
The department alleges racial slurs were pervasive and that Black employees encountered racist graffiti in common work areas. State officials have also accused Tesla of segregating Black workers into lower-level positions, denying them promotions and paying them less than white employees.
According to the department, an analysis of Tesla pay records from June 2018 through June 2024 found Black employees received an average of $1,533 less in monthly compensation than white workers. The state also alleges Black employees who complained about discrimination faced harsh performance reviews, reprimands or termination.
During the trial, state attorneys presented allegations that racial slurs were heard frequently at the Fremont plant and that racist graffiti included the N-word, swastikas and Confederate flags. One worker told investigators he heard racial slurs dozens of times a day, according to reporting on the proceedings.
Tesla denies that it maintained a discriminatory workplace and says it responds to complaints and disciplines employees who engage in misconduct.
Tesla Has Made Similar Argument Before
The argument over whether the N-word can sometimes be used in a non-hostile context is not new for Tesla.
During an earlier racial harassment case involving former contract worker Owen Diaz, Tesla argued there was a difference between offensive uses of the slur and uses employees considered “friendly.” A federal judge later wrote that Tesla’s attorney’s opinion that the word could be used in a friendly way was irrelevant to how Diaz experienced its use and the effect it had on him.
Tesla acknowledged in a 2021 company statement that witnesses in that case testified they regularly heard the N-word at the Fremont factory, while saying those witnesses believed much of the language was used in a “friendly” manner among Black coworkers.
Diaz initially received a $137 million jury award, which was later reduced. After rejecting the reduced award and going through a second trial, he was awarded $3.2 million.
Judge Will Decide Tesla Discrimination Case
The current lawsuit is being tried without a jury in Alameda County Superior Court. Judge Peter Borkon will decide whether Tesla violated California workplace discrimination laws.
The trial is expected to continue through the end of October. California is seeking damages along with changes to Tesla’s workplace practices if the state prevails.
The case adds to years of scrutiny surrounding allegations of racial discrimination at Tesla’s Fremont operation and comes as the company continues to maintain that it does not tolerate racial harassment.
