Tuesday, May 24, 2022

tesla: Tesla loses bid to move sexual harassment lawsuit to arbitration

A California state judge has rejected Tesla Inc.’s bid for private arbitration at the company’s key assembly plant alleging widespread sexual assault, allowing it to proceed in court.

Judge Stephen Kaus of California Superior Court in Oakland on Monday rejected Tesla’s motion to force arbitration in a short order without explanation.

The plaintiff’s attorney, Jessica Barazza, argued that the arbitration agreement she had signed was invalid because she was unreasonably required to bring the legal claims in confidential proceedings, while still allowing Tesla to sue in open court. was allowed.

In the lawsuit filed in November, Barazza claimed that workers and supervisors at the Fremont, Calif. plant routinely made lewd comments and gestures to female employees, and the company failed to address complaints.

The lawsuit is one of at least seven pending in California state court to make similar claims against Tesla. Kaus is presiding over five more of these cases.

Tesla did not immediately respond to a request for comment on Tuesday.

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Barraza’s lawyer, David Lowe, called the decision a “victory for public accountability”.

“Because of this decision… Tesla will be judged in public court by a jury of Ms. Barraza’s peers,” Lowe said in a statement.

Along with pending sexual harassment claims, Tesla is facing separate lawsuits accusing it of tolerating widespread race discrimination at its plants. A California judge last month awarded $15 million to a black former factory worker who said he had been subjected to racist slurs and graffiti from coworkers.

Tesla has said it does not tolerate harassment and has disciplined and fired workers who engage in misconduct.

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Originally published at Pen 18

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