Lawsuit: At Tesla, racial discrimination is “standard operating procedure”

Or the law itself is impossible to comply with:

https://richardhanania.substack.com/p/wokeness-as-saddam-sta...

>>Even after the case has been litigated, we still do not know what exactly Tesla could have done to avoid the $137 million judgment (it may be reduced on appeal). Employees did in fact get in trouble for using the n-word and drawing racist cartoons. In retrospect, they probably would’ve been safer if they just fired everyone who Diaz or Di-az accused of racism, at least the non-blacks, but there’s no guarantee that would’ve worked either, as they were in an industry that required them to rely on workers who hadn’t yet internalized elite ways of thinking about race. If they had fired black people for using the n-word too, would that have helped or hurt them in trying to avoid a lawsuit? It’s difficult to say, and that’s sort of the point.

>>For next time, there’s little Tesla can do but go all in on diversity training, be as enthusiastic as possible in adopting whatever next race fad comes out of academia, and hope that the next jury isn’t as woke as the one they got this time. Until anti-discrimination laws are rolled back, or come to be based on clear and objective standards, there is no other way.

Also your points were well answered by a different commenter but instead of discussing the good, interesting points, someone just downvoted. This is how it goes with Tesla. It’s some kind of weird thing that happens with companies that make products perceived as luxury, I guess, but in this case aided by short seller media campaigns.

Criminal trials don't need to prove intent at all unless it happens to be an intent crime, and in any case commercial racism isn't a crime so...I’m not sure why were are bringing up criminal burdens of proof at all. The civil standard is preponderance of the evidence, that is what is more likely than not true based on the evidence presented.

> Suggesting that there's orders from the company top to engage in racism is absurd and requires evidence.

“standard operating procedure” here is a synonym of “routine practice” not “orders from the company too”; the only thing alleged about the “company top” is that “done little to nothing to reasonably prevent or stop this toxic behavior and work environment”.

And, yes lawsuits require evidence and if this isn't dropped or settled before trial, there will be evidence presented and a ruling on the evidence just as the case with the other race discrimination case which Tesla lost, based on the evidence.

> Tesla cannot blanket deny that the harassment didn't happen, but they can deny giving any such instruction to promote it.

Then Tesla is in trouble, since they are legally responsible for preventing racial harassment and other forms of race discrimination from happening in the workplace, not just for not commanding it.

> The court determined that regardless of the employees ultimately responsible for the harassment, Tesla was on the hook for paying them for the behavior.

I'm not sure what you are talking about. The court hasn't determined anything, the lawsuit was just filed. And while it is true that there is some liability for harassment by any coworker, it does very much depend on the working context and who the employees doing the harassment are what the standards are, and Tesla's exposure is highest when (as in the newly filed lawsuit) the harassment and discrimination are by supervisors and managers to their subordinates.

The children of rich people deciding they don't want to participate in the draft isn't a moral stand. It's not a unique thing, nor a condemnation of the country.