Tesla sued for severe harassment of Black workers at California plant

Re:Tesla sued for severe harassment of Black workers at Cali... by olalonde on Saturday September 30, 2023 @03:43AM (#37713452)

Wouldn't it be more effective to pursue criminal charges against the individuals directly responsible? Graffitis, particularly when they involve symbols as disturbing as a noose, are not just offensive, they're criminal acts. They could even be classified as hate crimes or death threats. The perpetrators should be held responsible. Otherwise, they'll simply continue this harmful behavior in their future workplaces, knowing that there are no real consequences.

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Re:Tesla sued for severe harassment of Black workers at Cali... by rtpg on Saturday September 30, 2023 @03:49AM (#37713469)

I think that this is two things:

- these people doing this stuff

- Tesla, once receiving complaints about it, not doing anything about this

The important bit:

> Tesla has failed to investigate complaints of racist conduct and has fired or otherwise retaliated against workers who reported harassment, the EEOC said in the lawsuit.

I don't really know how labor law works on this front but if Tesla knew this was happening and did nothing about it I guess they are considered partly liable for... something?

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Re:Tesla sued for severe harassment of Black workers at Cali... by pests on Saturday September 30, 2023 @03:57AM (#37713498)

> but if Tesla knew this was happening and did nothing about it I guess they are considered partly liable for... something?

Tesla has to provide a safe work environment. Just like they have to provide employees with equipment and training to not physically hurt themselves doing their job they need to provide resolution and training to prevent employees from hurting each other.

> According to OSHA, bullying and intimidation constitute a form of workplace violence because workers do not deserve to be treated poorly or abused while trying to make a living.

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Re:Tesla sued for severe harassment of Black workers at Cali... by oblio on Saturday September 30, 2023 @04:19AM (#37713581)

It's worse than doing nothing.

If you're retaliating you're helping the aggressor.

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Re:Tesla sued for severe harassment of Black workers at Cali... by fxd123 on Saturday September 30, 2023 @04:03AM (#37713521)

> Wouldn't it be more effective to pursue criminal charges against the individuals directly responsible?

No, since criminal conviction has a higher threshold

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Re:Tesla sued for severe harassment of Black workers at Cali... by willcipriano on Saturday September 30, 2023 @05:52AM (#37713991)

Yes, it requires evidence.

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Re:Tesla sued for severe harassment of Black workers at Cali... by bangkoksbest on Saturday September 30, 2023 @06:07AM (#37714066)

The standard for civil cases is literally "a preponderance of the evidence"...

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Re:Tesla sued for severe harassment of Black workers at Cali... by willcipriano on Saturday September 30, 2023 @07:56AM (#37714601)

If both civil and criminal cases determine truth why does one end up with different results?

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Re:Tesla sued for severe harassment of Black workers at Cali... by fxd123 on Sunday October 01, 2023 @02:21AM (#37723251)

And the preponderance standard for civil cases is "over 50% likelihood". That's not very strong.

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Re:Tesla sued for severe harassment of Black workers at Cali... by bangkoksbest on Sunday October 01, 2023 @09:20AM (#37725680)

Yeah, it's a civil case, not criminal. Only criminal trials should have standards as high as criminal trials do because only criminal trials punish you by taking away your personal autonomy and freedom. Civil trials cost you money, so obviously the standard is lower.

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Re:Tesla sued for severe harassment of Black workers at Cali... by fxd123 on Monday October 02, 2023 @05:36AM (#37735916)

> Civil trials cost you money, so obviously the standard is lower

... ... ...

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Re:Tesla sued for severe harassment of Black workers at Cali... by MattGaiser on Saturday September 30, 2023 @04:06AM (#37713537)

Wouldn’t both be in trouble given that Tesla must provide a safe work environment?

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Re:Tesla sued for severe harassment of Black workers at Cali... by Immerse7795 on Saturday September 30, 2023 @05:33AM (#37713914)

Not a lawyer but in US, First Amendment provides freedom to practice hate speech. The best way to combat hate speech, however vile they are is to let them be said in public and to shame them in public with an order of magnitude of a better alternative speech. Providing government right to pursue criminal charges for speech is a slippery slope.

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Re:Tesla sued for severe harassment of Black workers at Cali... by dri_ft on Saturday September 30, 2023 @06:59AM (#37714280)

>Graffitis

Graffiti is already plural, or at least uncountable.

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