Discrimination and Safety at Tesla: Your Rights in the Factory (USA)

Tesla, with about 140,000 employees worldwide, has become a focal point for employment law challenges in the U.S.—especially around workplace discrimination and safety. The company’s rapid growth, high-pressure production environment, and anti-union stance have contributed to a pattern of legal disputes and regulatory scrutiny. If you work at Tesla, understanding this context and your rights is essential.

Discrimination Lawsuits and the Owen Diaz Case

Tesla has faced numerous lawsuits alleging racial harassment and discrimination, particularly at its Fremont, California factory. The most high-profile case, Owen Diaz v. Tesla, involved allegations that Black employees were subjected to racial slurs, graffiti, and a hostile work environment. Diaz and others reported that complaints were ignored or inadequately addressed by management.

A jury initially awarded Diaz $137 million, later reduced to $15 million, and after a second trial, $3.2 million. The case ultimately settled in 2024. The Diaz case established that Tesla was liable for severe and pervasive racial harassment and for failing to take effective corrective action. Evidence in the case revealed that the problem was systemic, affecting multiple employees.

Key takeaways for Tesla employees:

• Racial harassment—including slurs, graffiti, and exclusion—is illegal.

• Tesla has been found liable for failing to address such complaints.

• Legal remedies exist, but the process can be lengthy.

Recognizing Racial Discrimination and Harassment

Illegal racial harassment includes:

• Racial slurs, epithets, or jokes,

• Racist graffiti or images,

• Physical threats or intimidation based on race,

• Exclusion or differential treatment.

The law requires that conduct be severe or pervasive enough to create a hostile work environment. Employer liability is higher if a supervisor is involved, but Tesla can also be liable for coworker harassment if it knew or should have known and failed to act.

Documentation is critical:
Keep detailed records of incidents, complaints, responses, and any physical evidence (e.g., photos of graffiti).

Workplace Safety at Tesla Factories

Tesla’s safety record has also drawn attention. OSHA found 80 violations at Tesla’s manufacturing facilities between 2019 and 2024, resulting in over $525,000 in fines. Violations included:

• Exposure to hazardous chemicals without proper training or protection,

• Inadequate safety equipment,

• Failure to report injuries,

• Risks from heavy machinery, robotics, and heat stress.

Employees have reported pressure to meet production targets at the expense of safety, underreporting of injuries, and retaliation for raising safety concerns.

Your OSHA rights include:

• A safe workplace free from recognized hazards,

• Training on workplace hazards,

• The right to report unsafe conditions without retaliation,

• The right to request an OSHA inspection,

• Access to injury and illness records.

If you’re injured or see unsafe conditions, you can file an OSHA complaint online, by phone, or in person. You can request confidentiality. OSHA will investigate and, if violations are found, require Tesla to correct them.

Reporting Discrimination and Safety Concerns Internally

Before filing external complaints, use Tesla’s internal procedures:

• Report to your supervisor, HR, or the ethics hotline.

• Put complaints in writing and keep copies.

• Be specific about what happened, when, and who was involved.

Internal reporting creates a record and gives Tesla a chance to address the issue. If retaliation follows, document it—retaliation for reporting discrimination or safety concerns is illegal.

Filing EEOC and OSHA Complaints

If internal reporting doesn’t resolve discrimination, file with the EEOC within 180 days (300 days in California). For safety issues, file with OSHA within 30 days if you experience retaliation. California’s Civil Rights Department (CRD) also handles discrimination complaints and may offer broader protections.

What to include in your complaint:

• Your and Tesla’s contact information,

• The type of discrimination or safety issue,

• A detailed description of what happened,

• Dates, names, and witnesses.

Workers’ Compensation for Factory Injuries

If you’re injured at work, report the injury immediately and file a workers’ compensation claim. In California, you’re entitled to medical treatment, wage replacement, and other benefits. If your claim is denied, you can appeal. Document any pressure not to report injuries or to accept inadequate light duty.

Retaliation Protections

You are protected from retaliation for:

• Reporting discrimination or safety hazards,

• Filing EEOC, CRD, or OSHA complaints,

• Participating in investigations,

• Filing workers’ compensation claims.

Retaliation can include termination, demotion, pay cuts, unfavorable assignments, increased scrutiny, or hostile treatment. Timing is key—adverse action soon after protected activity is strong evidence.

Using Caira to Document and Analyze Workplace Issues

Caira can help you:

• Organize incidents of discrimination or safety hazards,

• Track complaints and responses,

• Compare your treatment to others,

• Prepare documentation for agency filings.

Questions to ask Caira:

• “Does this conduct meet the legal standard for harassment?”

• “What should I include in an EEOC or OSHA complaint?”

• “What are the deadlines for filing in California?”

• “Does this timeline suggest retaliation?”

Review Checks for Tesla Employees

• Have I documented incidents with dates, details, and witnesses?

• Have I reported internally and kept records of responses?

• Am I being treated differently than others outside my protected group?

• Do I know how to file OSHA or EEOC complaints?

• Am I within the deadlines for complaints?

• Have I documented any retaliation?

Tesla’s history of discrimination findings and safety violations shows that employee concerns are sometimes legitimate. If you’re experiencing discrimination or unsafe conditions, you have rights and options. Document everything, act promptly, and don’t hesitate to seek help.

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This information is for educational purposes and is not legal, financial, or tax advice. Outcomes vary depending on the evidence submitted and its strength. Discrimination and safety law are complex and fact-specific.