There was a problem locating the requested document.
Page 1 1
2
3
4
5
LAW OFFICE OF MARK C. THOMAS, APC
MARK C. THOMAS SBN: 215580
700 Larkspur Landing Circle, Suite 199
Larkspur, CA 94939
Telephone: 415-986-1338
Attorneys for Plaintiff
David Smith
6
7
8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF ALAMEDA
10
UNLIMITED JURISDICTION
11
12
15
COMPLAINT FOR RACIAL
HARASSMENT; RACIAL
DISCRIMINATION; RETALIATION; AND
FAILURE TO PREVENT HARASSMENT
Plaintiff,
13
14
Case No.:
DAVID SMITH,
vs.
TESLA, INC., and DOES 1-50,
16
Defendants
17
18
19
20
Plaintiff David Smith (hereinafter “Plaintiff” or “Smith”), an individual, through his
attorneys of record, hereby alleges and complains on information and belief as follows:
JURISDICTION AND VENUE
21
22
1.
The Alameda County Superior Court has jurisdiction in this matter due to the
23
alleged violations of the California Government Code the wrongful acts alleged against
24
defendants occurred in the state of California.
25
2.
Venue as to each defendant is proper in this judicial district, pursuant to
26
California Code of Civil Procedure Sections 395(a) and 395.5. Each defendant either maintains
27
an office, transacts business, has an agent, or is found in the County of Alameda, and each
28
defendant is within the jurisdiction of this Court for the purposes of service of process.
COMPLAINT FOR DAMAGES - 1Page 2 PARTIES
1
2
3
4
3.
Plaintiff is an individual over the age of eighteen (18) and at all relevant times,
was a resident of California.
4.
Defendant Tesla, Inc. (“Defendant” or “Tesla”) is a corporation organized and
5
existing under Delaware law with its principal place of business in California. At all relevant
6
times, Defendant was an employer as defined by the California Fair Employment and Housing
7
Act (“FEHA”).
8
5.
Plaintiff is ignorant of the true names and capacities of defendants sued herein as
9
DOES 1-50 and therefore sues these defendants by such fictitious names. Plaintiff will amend
10
this Complaint to allege their true names and capacities when ascertained. Plaintiff is informed
11
and believes and thereon alleges that each of these fictitiously named defendants is in some
12
manner responsible in some manner for the occurrences herein alleged and that plaintiff’s
13
injuries as herein alleged were proximately caused by the aforementioned defendants.
14
6.
Plaintiff is informed and believes and thereon alleges that at all relevant times
15
each of the defendants was the agent, employee, partner, joint venturer, of each of the remaining
16
defendants, in doing the things hereinafter alleged they were acting within the course and scope
17
of such agency, employment, partnership, and joint venture, and, they authorized, ratified, aided,
18
abetted, encouraged, and counseled the doing of the things hereinafter alleged.
GENERAL ALLEGATIONS
19
20
7.
Smith worked for Tesla for approximately two (2) years in the Tesla warehouse in
21
Fremont, California (“Tesla Warehouse”) before his unlawful termination. During his
22
employment, he was an excellent employee; he received raises and perfect attendance awards.
23
24
8.
Throughout his employment, employees in the Tesla Warehouse frequently used
racial slurs.
25
9.
26
his employment.
27
28
10.
Racist slurs were directed at Smith. Smith was called the “N” word throughout
Smith made several complaints about the use of the N word in the Tesla
Warehouse and being called the N word. Specifically, Smith complained to Greg [LNU] in
COMPLAINT FOR DAMAGES - 2Page 3 1
Human Resources and JD (one of the head supervisors) about the racial slurs. He specifically
2
reported the use of the N word in the warehouse.
11.
3
4
co-worker stating he was going to “whoop his ass.”
12.
5
6
Another co-worker stated he would “slap the F___)” out of Smith. Smith
complained to his supervisor. The supervisor did nothing.
13.
7
8
Smith was also subjected to physical threats. Smith complained to HR about a
Smith complained to Thomas and HR about the threatened violence. Human
Resources did not do anything.
14.
9
In January 2023, a co-worker who Smith accused of engaging in racist behavior,
10
complained to HR that Smith was sleeping on the job. Smith was immediately suspended
11
indefinitely. He was then terminated because of his race and in retaliation for complaining about
12
racist comments in the Tesla warehouse.
15.
13
14
Smith exhausted all administrative requirements prior to filing this lawsuit. A
true and correct copy of Smith’s Right to Sue Notice is attached hereto as Exhibit A.
15
FIRST CAUSE OF ACTION
16
RACIAL HARASSMENT IN VIOLATION OF THE FEHA
16.
17
18
forth herein.
17.
19
20
Smith incorporates herein each of the foregoing paragraphs as though fully set
Government Code section 12940(j) required Tesla to refrain from harassing
employees, such as plaintiff, on the basis of race.
18.
21
During the course of Smith’s employment, Tesla created and allowed to exist a
22
racially hostile work environment, including the frequent and customary use of the N word. Such
23
harassment was in violation of Government Code section 12940(j).
19.
24
25
As a proximate result of Tesla’s conduct, Smith sustained and continues to
sustain losses in earnings and other employment benefits.
20.
26
As a proximate result of Tesla’s conduct, Smith suffered and continues to suffer
27
humiliation, emotional distress, and mental and physical pain and anguish, in a sum according to
28
proof.
COMPLAINT FOR DAMAGES - 3Page 4 1
2
3
21.
In light of Tesla’s willful, knowing and intentional conduct, Smith seeks an award
of punitive and exemplary damages in an amount according to proof.
WHEREFORE, Smith prays for relief as set forth below.
4
SECOND CAUSE OF ACTION
5
RETALIATION IN VIOLATION OF THE FEHA
6
7
8
9
10
22.
Smith incorporates by reference each of the foregoing paragraphs as though fully
set forth herein.
23.
Government Code section 12940(h) required Tesla to refrain from retaliating
against employees, such as Smith, on the basis of a complaint of harassment based on race.
24.
During the course of Smith’s employment, Tesla retaliated against him by,
11
including but not necessarily limited to, terminating his employment because he complained of
12
racial harassment. Such retaliation was in violation of Government Code section 12940(h).
13
14
15
25.
As a proximate result of Tesla’s wrongful conduct, Smith sustained and continues
to sustain losses in earnings and benefits, in a sum according to proof.
26.
As a further proximate result of Tesla’s wrongful conduct, Smith has suffered and
16
continues to suffer humiliation, emotional distress, and mental and physical pain and anguish, in
17
a sum according to proof.
18
19
27.
In light of Tesla’s willful, knowing and intentional conduct, Smith seeks an award
of punitive and exemplary damages in an amount according to proof.
20
WHEREFORE, Smith prays for relief as set forth below.
21
THIRD CAUSE OF ACTION
22
RACIAL DISCRIMINATION IN VIOLATION OF THE FEHA
23
24
25
26
27
28
28.
Smith incorporates herein each of the foregoing paragraphs as though fully set
forth herein.
29.
California Government Code Section 12940(a) Tesla from discriminating against
an employee, like Smith, because of his race.
30.
Tesla violated Government Code section 12940(a) in numerous respects,
including but not necessarily limited to terminating Smith’s employment.
COMPLAINT FOR DAMAGES - 4Page 5 31.
1
2
As a proximate result of Tesla’s willful, knowing and intentional conduct, Smith
sustained and continues to sustain losses in earnings and other employment benefits.
32.
3
As a further proximate result of Tesla’s willful, knowing and intentional conduct,
4
Smith suffered and continues to suffer humiliation, emotional distress and mental anguish, in a
5
sum according to proof.
33.
6
7
In light of Tesla’s willful, knowing and intentional discrimination against Smith,
Smith seeks an award of punitive and exemplary damages in an amount according to proof.
WHEREFORE, Smith prays for relief as set forth below.
8
9
FOURTH CAUSE OF ACTION
10
FAILURE TO PREVENT HARASSMENT, RETALIATION AND DISCRIMINATION
34.
11
12
Plaintiff incorporates by reference each of the foregoing paragraphs as though
fully set forth herein.
35.
13
Government Code section 12940(k) required an employer, such as Tesla, to take
14
all reasonable steps necessary to prevent harassment, retaliation and/or discrimination based on
15
race and/or retaliation on the basis of a complaint of harassment from occurring. As alleged
16
herein, Tesla violated this section by failing to take all reasonable steps necessary to prevent
17
harassment and/or discrimination based on race and/or retaliation on the basis of a complaint of
18
harassment based on race from occurring.
36.
19
20
As a proximate result of Tesla’s willful, knowing and intentional conduct, Smith
sustained and continues to sustain losses in earnings and other employment benefits.
37.
21
As a further proximate result of Tesla’s willful, knowing and intentional conduct,
22
Smith suffered and continues to suffer humiliation, emotional distress and mental anguish, in a
23
sum according to proof.
38.
24
25
In light of Tesla’s willful, knowing and intentional discrimination against Smith,
Smith seeks an award of punitive and exemplary damages in an amount according to proof.
WHEREFORE, Smith prays for relief as set forth below.
26
27
///
28
///
COMPLAINT FOR DAMAGES - 5Page 6 PRAYER FOR RELIEF
1
2
WHEREFORE, Plaintiff respectfully prays for relief as follows:
3
1.
For compensatory damages in amounts to be determined at trial;
4
2.
For punitive damages in amount to be determined at trial;
5
3.
For pre-judgment interest to the extent permitted by law;
6
4.
For an award of attorneys’ fees, costs and expenses; and
7
5.
For such other and further relief as the Court may deem proper.
8
///
9
LAW OFFICE OF MARK C. THOMAS, APC
10
11
DATED: May 15, 2023
12
/S/ Mark C. Thomas
MARK C. THOMAS
Attorney for Plaintiff
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT FOR DAMAGES - 6Page 7 EXHIBIT APage 8 S T A T E O F C A L I F O R N I A | Business, Consumer Services and Housing Agency
GAVIN NEWSOM, GOVERNOR
KEVIN KISH, DIRECTOR
Civil Rights Department
2218 Kausen Drive, Suite 100 | Elk Grove | CA | 95758
800-884-1684 (voice) | 800-700-2320 (TTY) | California’s Relay Service at 711
calcivilrights.ca.gov | contact.center@calcivilrights.ca.gov
May 15, 2023
David Smith
700 Larkspur Landing Circle, Suite 199
Larkspur, CA 94939
RE:
Notice of Case Closure and Right to Sue
CRD Matter Number: 202305-20674415
Right to Sue: Smith / Tesla, Inc.
Dear David Smith:
This letter informs you that the above-referenced complaint filed with the Civil Rights
Department (CRD) has been closed effective May 15, 2023 because an immediate
Right to Sue notice was requested.
This letter is also your Right to Sue notice. According to Government Code section
12965, subdivision (b), a civil action may be brought under the provisions of the Fair
Employment and Housing Act against the person, employer, labor organization or
employment agency named in the above-referenced complaint. The civil action must be
filed within one year from the date of this letter.
To obtain a federal Right to Sue notice, you must contact the U.S. Equal
Employment Opportunity Commission (EEOC) to file a complaint within 30 days
of receipt of this CRD Notice of Case Closure or within 300 days of the alleged
discriminatory act, whichever is earlier.
Sincerely,
Civil Rights Department
CRD - ENF 80 RS (Revised 02/23)Page 9 1
COMPLAINT OF EMPLOYMENT DISCRIMINATION
BEFORE THE STATE OF CALIFORNIA
2
Civil Rights Department
Under the California Fair Employment and Housing Act
(Gov. Code, § 12900 et seq.)
3
4
5
In the Matter of the Complaint of
6
7
8
9
CRD No. 202305-20674415
David Smith
Complainant,
vs.
Tesla, Inc.
45500 Fremont Blvd
Fremont, CA 94538
Respondents
10
11
12
13
1. Respondent Tesla, Inc. is an employer subject to suit under the California Fair Employment
and Housing Act (FEHA) (Gov. Code, § 12900 et seq.).
14
15
2. Complainant David Smith, resides in the City of Larkspur, State of CA.
16
3. Complainant alleges that on or about January 23, 2023, respondent took the
following adverse actions:
18 Complainant was harassed because of complainant's color, race (includes hairstyle and
19
20
21
hair texture).
Complainant was discriminated against because of complainant's color, race (includes
hairstyle and hair texture) and as a result of the discrimination was terminated, reprimanded,
suspended, other.
22 Complainant experienced retaliation because complainant reported or resisted any form
23
of discrimination or harassment, participated as a witness in a discrimination or harassment
complaint and as a result was terminated, reprimanded, suspended, other.
24
Additional Complaint Details: Smith worked for Tesla for approximately two (2) years in
the Tesla warehouse in Fremont, California (“Tesla Warehouse”) before his unlawful
26
-1Complaint – CRD No. 202305-20674415
27
Date Filed: May 15, 2023
28
CRD-ENF 80 RS (Revised 12/22)Page 10 termination. During his employment, he was an excellent employee; he received raises and
perfect attendance awards.
2 Throughout his employment, employees in the Tesla Warehouse frequently used racial
slurs.
3 Racist slurs were directed at Smith. Smith was called the “N” word throughout his
employment.
4 Smith made several complaints about the use of the N word in the Tesla Warehouse and
being called the N word. Specifically, Smith complained to Greg [LNU] in Human Resources
and JD (one of the head supervisors) about the racial slurs. He specifically reported the use
6
7
8
9
10
11
of the N word in the warehouse.
Smith was also subjected to physical threats. Smith complained to HR about a co-worker
stating he was going to “whoop his ass.”
Another co-worker stated he would “slap the F___)” out of Smith. Smith complained to his
supervisor. The supervisor did nothing.
Smith complained to Thomas and HR about the threatened violence. Human Resources did
not do anything.
In January 2023, a co-worker who Smith accused of engaging in racist behavior,
complained to HR that Smith was sleeping on the job. Smith was immediately suspended
indefinitely. He was then terminated because of his race and in retaliation for complaining
about racist comments in the Tesla warehouse.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-2Complaint – CRD No. 202305-20674415
27
Date Filed: May 15, 2023
28
CRD-ENF 80 RS (Revised 12/22)Page 11 1 VERIFICATION
2 I, Mark C. Thomas, am the Attorney in the above-entitled complaint. I have read the
foregoing complaint and know the contents thereof. The matters alleged are based
3
on information and belief, which I believe to be true.
4
On May 15, 2023, I declare under penalty of perjury under the laws of the State of
5 California that the foregoing is true and correct.
6
Novato, CA
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-3Complaint – CRD No. 202305-20674415
27
Date Filed: May 15, 2023
28
CRD-ENF 80 RS (Revised 12/22)
PDF Page 1
PlainSite Cover Page
PDF Page 2
1
2
3
4
5
LAW OFFICE OF MARK C. THOMAS, APC
MARK C. THOMAS SBN: 215580
700 Larkspur Landing Circle, Suite 199
Larkspur, CA 94939
Telephone: 415-986-1338
Attorneys for Plaintiff
David Smith
6
7
8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF ALAMEDA
10
UNLIMITED JURISDICTION
11
12
15
COMPLAINT FOR RACIAL
HARASSMENT; RACIAL
DISCRIMINATION; RETALIATION; AND
FAILURE TO PREVENT HARASSMENT
Plaintiff,
13
14
Case No.:
DAVID SMITH,
vs.
TESLA, INC., and DOES 1-50,
16
Defendants
17
18
19
20
Plaintiff David Smith (hereinafter “Plaintiff” or “Smith”), an individual, through his
attorneys of record, hereby alleges and complains on information and belief as follows:
JURISDICTION AND VENUE
21
22
1.
The Alameda County Superior Court has jurisdiction in this matter due to the
23
alleged violations of the California Government Code the wrongful acts alleged against
24
defendants occurred in the state of California.
25
2.
Venue as to each defendant is proper in this judicial district, pursuant to
26
California Code of Civil Procedure Sections 395(a) and 395.5. Each defendant either maintains
27
an office, transacts business, has an agent, or is found in the County of Alameda, and each
28
defendant is within the jurisdiction of this Court for the purposes of service of process.
COMPLAINT FOR DAMAGES - 1
PDF Page 3
PARTIES
1
2
3
4
3.
Plaintiff is an individual over the age of eighteen (18) and at all relevant times,
was a resident of California.
4.
Defendant Tesla, Inc. (“Defendant” or “Tesla”) is a corporation organized and
5
existing under Delaware law with its principal place of business in California. At all relevant
6
times, Defendant was an employer as defined by the California Fair Employment and Housing
7
Act (“FEHA”).
8
5.
Plaintiff is ignorant of the true names and capacities of defendants sued herein as
9
DOES 1-50 and therefore sues these defendants by such fictitious names. Plaintiff will amend
10
this Complaint to allege their true names and capacities when ascertained. Plaintiff is informed
11
and believes and thereon alleges that each of these fictitiously named defendants is in some
12
manner responsible in some manner for the occurrences herein alleged and that plaintiff’s
13
injuries as herein alleged were proximately caused by the aforementioned defendants.
14
6.
Plaintiff is informed and believes and thereon alleges that at all relevant times
15
each of the defendants was the agent, employee, partner, joint venturer, of each of the remaining
16
defendants, in doing the things hereinafter alleged they were acting within the course and scope
17
of such agency, employment, partnership, and joint venture, and, they authorized, ratified, aided,
18
abetted, encouraged, and counseled the doing of the things hereinafter alleged.
GENERAL ALLEGATIONS
19
20
7.
Smith worked for Tesla for approximately two (2) years in the Tesla warehouse in
21
Fremont, California (“Tesla Warehouse”) before his unlawful termination. During his
22
employment, he was an excellent employee; he received raises and perfect attendance awards.
23
24
8.
Throughout his employment, employees in the Tesla Warehouse frequently used
racial slurs.
25
9.
26
his employment.
27
28
10.
Racist slurs were directed at Smith. Smith was called the “N” word throughout
Smith made several complaints about the use of the N word in the Tesla
Warehouse and being called the N word. Specifically, Smith complained to Greg [LNU] in
COMPLAINT FOR DAMAGES - 2
PDF Page 4
1
Human Resources and JD (one of the head supervisors) about the racial slurs. He specifically
2
reported the use of the N word in the warehouse.
11.
3
4
co-worker stating he was going to “whoop his ass.”
12.
5
6
Another co-worker stated he would “slap the F___)” out of Smith. Smith
complained to his supervisor. The supervisor did nothing.
13.
7
8
Smith was also subjected to physical threats. Smith complained to HR about a
Smith complained to Thomas and HR about the threatened violence. Human
Resources did not do anything.
14.
9
In January 2023, a co-worker who Smith accused of engaging in racist behavior,
10
complained to HR that Smith was sleeping on the job. Smith was immediately suspended
11
indefinitely. He was then terminated because of his race and in retaliation for complaining about
12
racist comments in the Tesla warehouse.
15.
13
14
Smith exhausted all administrative requirements prior to filing this lawsuit. A
true and correct copy of Smith’s Right to Sue Notice is attached hereto as Exhibit A.
15
FIRST CAUSE OF ACTION
16
RACIAL HARASSMENT IN VIOLATION OF THE FEHA
16.
17
18
forth herein.
17.
19
20
Smith incorporates herein each of the foregoing paragraphs as though fully set
Government Code section 12940(j) required Tesla to refrain from harassing
employees, such as plaintiff, on the basis of race.
18.
21
During the course of Smith’s employment, Tesla created and allowed to exist a
22
racially hostile work environment, including the frequent and customary use of the N word. Such
23
harassment was in violation of Government Code section 12940(j).
19.
24
25
As a proximate result of Tesla’s conduct, Smith sustained and continues to
sustain losses in earnings and other employment benefits.
20.
26
As a proximate result of Tesla’s conduct, Smith suffered and continues to suffer
27
humiliation, emotional distress, and mental and physical pain and anguish, in a sum according to
28
proof.
COMPLAINT FOR DAMAGES - 3
PDF Page 5
1
2
3
21.
In light of Tesla’s willful, knowing and intentional conduct, Smith seeks an award
of punitive and exemplary damages in an amount according to proof.
WHEREFORE, Smith prays for relief as set forth below.
4
SECOND CAUSE OF ACTION
5
RETALIATION IN VIOLATION OF THE FEHA
6
7
8
9
10
22.
Smith incorporates by reference each of the foregoing paragraphs as though fully
set forth herein.
23.
Government Code section 12940(h) required Tesla to refrain from retaliating
against employees, such as Smith, on the basis of a complaint of harassment based on race.
24.
During the course of Smith’s employment, Tesla retaliated against him by,
11
including but not necessarily limited to, terminating his employment because he complained of
12
racial harassment. Such retaliation was in violation of Government Code section 12940(h).
13
14
15
25.
As a proximate result of Tesla’s wrongful conduct, Smith sustained and continues
to sustain losses in earnings and benefits, in a sum according to proof.
26.
As a further proximate result of Tesla’s wrongful conduct, Smith has suffered and
16
continues to suffer humiliation, emotional distress, and mental and physical pain and anguish, in
17
a sum according to proof.
18
19
27.
In light of Tesla’s willful, knowing and intentional conduct, Smith seeks an award
of punitive and exemplary damages in an amount according to proof.
20
WHEREFORE, Smith prays for relief as set forth below.
21
THIRD CAUSE OF ACTION
22
RACIAL DISCRIMINATION IN VIOLATION OF THE FEHA
23
24
25
26
27
28
28.
Smith incorporates herein each of the foregoing paragraphs as though fully set
forth herein.
29.
California Government Code Section 12940(a) Tesla from discriminating against
an employee, like Smith, because of his race.
30.
Tesla violated Government Code section 12940(a) in numerous respects,
including but not necessarily limited to terminating Smith’s employment.
COMPLAINT FOR DAMAGES - 4
PDF Page 6
31.
1
2
As a proximate result of Tesla’s willful, knowing and intentional conduct, Smith
sustained and continues to sustain losses in earnings and other employment benefits.
32.
3
As a further proximate result of Tesla’s willful, knowing and intentional conduct,
4
Smith suffered and continues to suffer humiliation, emotional distress and mental anguish, in a
5
sum according to proof.
33.
6
7
In light of Tesla’s willful, knowing and intentional discrimination against Smith,
Smith seeks an award of punitive and exemplary damages in an amount according to proof.
WHEREFORE, Smith prays for relief as set forth below.
8
9
FOURTH CAUSE OF ACTION
10
FAILURE TO PREVENT HARASSMENT, RETALIATION AND DISCRIMINATION
34.
11
12
Plaintiff incorporates by reference each of the foregoing paragraphs as though
fully set forth herein.
35.
13
Government Code section 12940(k) required an employer, such as Tesla, to take
14
all reasonable steps necessary to prevent harassment, retaliation and/or discrimination based on
15
race and/or retaliation on the basis of a complaint of harassment from occurring. As alleged
16
herein, Tesla violated this section by failing to take all reasonable steps necessary to prevent
17
harassment and/or discrimination based on race and/or retaliation on the basis of a complaint of
18
harassment based on race from occurring.
36.
19
20
As a proximate result of Tesla’s willful, knowing and intentional conduct, Smith
sustained and continues to sustain losses in earnings and other employment benefits.
37.
21
As a further proximate result of Tesla’s willful, knowing and intentional conduct,
22
Smith suffered and continues to suffer humiliation, emotional distress and mental anguish, in a
23
sum according to proof.
38.
24
25
In light of Tesla’s willful, knowing and intentional discrimination against Smith,
Smith seeks an award of punitive and exemplary damages in an amount according to proof.
WHEREFORE, Smith prays for relief as set forth below.
26
27
///
28
///
COMPLAINT FOR DAMAGES - 5
PDF Page 7
PRAYER FOR RELIEF
1
2
WHEREFORE, Plaintiff respectfully prays for relief as follows:
3
1.
For compensatory damages in amounts to be determined at trial;
4
2.
For punitive damages in amount to be determined at trial;
5
3.
For pre-judgment interest to the extent permitted by law;
6
4.
For an award of attorneys’ fees, costs and expenses; and
7
5.
For such other and further relief as the Court may deem proper.
8
///
9
LAW OFFICE OF MARK C. THOMAS, APC
10
11
DATED: May 15, 2023
12
/S/ Mark C. Thomas
MARK C. THOMAS
Attorney for Plaintiff
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT FOR DAMAGES - 6
PDF Page 8
EXHIBIT A
PDF Page 9
S T A T E O F C A L I F O R N I A | Business, Consumer Services and Housing Agency
GAVIN NEWSOM, GOVERNOR
KEVIN KISH, DIRECTOR
Civil Rights Department
2218 Kausen Drive, Suite 100 | Elk Grove | CA | 95758
800-884-1684 (voice) | 800-700-2320 (TTY) | California’s Relay Service at 711
calcivilrights.ca.gov | contact.center@calcivilrights.ca.gov
May 15, 2023
David Smith
700 Larkspur Landing Circle, Suite 199
Larkspur, CA 94939
RE:
Notice of Case Closure and Right to Sue
CRD Matter Number: 202305-20674415
Right to Sue: Smith / Tesla, Inc.
Dear David Smith:
This letter informs you that the above-referenced complaint filed with the Civil Rights
Department (CRD) has been closed effective May 15, 2023 because an immediate
Right to Sue notice was requested.
This letter is also your Right to Sue notice. According to Government Code section
12965, subdivision (b), a civil action may be brought under the provisions of the Fair
Employment and Housing Act against the person, employer, labor organization or
employment agency named in the above-referenced complaint. The civil action must be
filed within one year from the date of this letter.
To obtain a federal Right to Sue notice, you must contact the U.S. Equal
Employment Opportunity Commission (EEOC) to file a complaint within 30 days
of receipt of this CRD Notice of Case Closure or within 300 days of the alleged
discriminatory act, whichever is earlier.
Sincerely,
Civil Rights Department
CRD - ENF 80 RS (Revised 02/23)
PDF Page 10
1
COMPLAINT OF EMPLOYMENT DISCRIMINATION
BEFORE THE STATE OF CALIFORNIA
2
Civil Rights Department
Under the California Fair Employment and Housing Act
(Gov. Code, § 12900 et seq.)
3
4
5
In the Matter of the Complaint of
6
7
8
9
CRD No. 202305-20674415
David Smith
Complainant,
vs.
Tesla, Inc.
45500 Fremont Blvd
Fremont, CA 94538
Respondents
10
11
12
13
1. Respondent Tesla, Inc. is an employer subject to suit under the California Fair Employment
and Housing Act (FEHA) (Gov. Code, § 12900 et seq.).
14
15
2. Complainant David Smith, resides in the City of Larkspur, State of CA.
16
3. Complainant alleges that on or about January 23, 2023, respondent took the
17 following adverse actions:
18 Complainant was harassed because of complainant's color, race (includes hairstyle and
19
20
21
hair texture).
Complainant was discriminated against because of complainant's color, race (includes
hairstyle and hair texture) and as a result of the discrimination was terminated, reprimanded,
suspended, other.
22 Complainant experienced retaliation because complainant reported or resisted any form
23
of discrimination or harassment, participated as a witness in a discrimination or harassment
complaint and as a result was terminated, reprimanded, suspended, other.
24
Additional Complaint Details: Smith worked for Tesla for approximately two (2) years in
25 the Tesla warehouse in Fremont, California (“Tesla Warehouse”) before his unlawful
26
-1Complaint – CRD No. 202305-20674415
27
Date Filed: May 15, 2023
28
CRD-ENF 80 RS (Revised 12/22)
PDF Page 11
1 termination. During his employment, he was an excellent employee; he received raises and
perfect attendance awards.
2 Throughout his employment, employees in the Tesla Warehouse frequently used racial
slurs.
3 Racist slurs were directed at Smith. Smith was called the “N” word throughout his
employment.
4 Smith made several complaints about the use of the N word in the Tesla Warehouse and
being called the N word. Specifically, Smith complained to Greg [LNU] in Human Resources
5 and JD (one of the head supervisors) about the racial slurs. He specifically reported the use
6
7
8
9
10
11
of the N word in the warehouse.
Smith was also subjected to physical threats. Smith complained to HR about a co-worker
stating he was going to “whoop his ass.”
Another co-worker stated he would “slap the F___)” out of Smith. Smith complained to his
supervisor. The supervisor did nothing.
Smith complained to Thomas and HR about the threatened violence. Human Resources did
not do anything.
In January 2023, a co-worker who Smith accused of engaging in racist behavior,
complained to HR that Smith was sleeping on the job. Smith was immediately suspended
indefinitely. He was then terminated because of his race and in retaliation for complaining
about racist comments in the Tesla warehouse.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-2Complaint – CRD No. 202305-20674415
27
Date Filed: May 15, 2023
28
CRD-ENF 80 RS (Revised 12/22)
PDF Page 12
1 VERIFICATION
2 I, Mark C. Thomas, am the Attorney in the above-entitled complaint. I have read the
foregoing complaint and know the contents thereof. The matters alleged are based
3
on information and belief, which I believe to be true.
4
On May 15, 2023, I declare under penalty of perjury under the laws of the State of
5 California that the foregoing is true and correct.
6
Novato, CA
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-3Complaint – CRD No. 202305-20674415
27
Date Filed: May 15, 2023
28
CRD-ENF 80 RS (Revised 12/22)
Third party AI contribution in government documents
Possible
Document content is reproduced directly from government sources. Some filings in our database may themselves contain AI-generated content submitted by third parties to government agencies.
Back to 
