SHEPPARD v. TESLA, INC. Document 1: Document

Superior Court of California, County of Alameda
Case No. 21CV004031
Filed December 14, 2021

Complaint Filed by: Samira Sheppard (Plaintiff) As to: Tesla, Inc. (Defendant)

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DAVID A. LOWE (SBN 178811)
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MEGHAN
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dal@rezlaw.com
RUDY, EXELROD, ZIEFF & LOWE, LLP
351 California Street, Suite San Francisco, CA Telephone: (415) 434-Facsimile: (415) 434-
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WILLIAM
C. JHAVERI-WEEKS (SBN 289984)
wjw@jhaveriweeks.com
ALLY N. GIROUARD (SBN 336625)
ag@jhaveriweeks.com
THE JHAVERI-WEEKS FIRM
351 California Street, Suite San Francisco, CA Telephone: (415) 463-Facsimile: (415) 367-Attorneys for Plaintiff
Samira Sheppard
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F. LOISEL (SBN 291400)
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SUPERIOR
COURT FOR THE STATE OF CALIFORNIA
OF ALAMEDA
SAMIRA SHEPPARD,
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COMPLAINT
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FOR DAMAGES
VS.
TESLA, INC. WHICH WILL DO BUSINESS
IN CALIFORNIA AS TESLA MOTORS,
INC.. a Delaware Corporation: and DOES
through 20, inclusive,
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Case No.
Plaintiff,
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Defendants.
COMPLAINT
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DAMAGES
FOR JURY TRIAL

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Samira Sheppard complains and alleges as follows:
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NATURE OF THE CASE
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plant to nightmarish conditions of rampant sexual harassment.
resembles a crude, archaic construction site or frat house than a cutting-edge company in the
heart of the progressive San Francisco Bay Area.
Tesla’s factory floor more
The pervasive culture of sexual harassment,
which includes a daily barrage of sexist language and behavior, including frequent groping on the
factory floor, is known to supervisors and managers and often perpetrated by them.
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for its workers,' the truth is that for years Tesla has subjected women working in its Fremont
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Although Tesla publicly claims that it fosters a safe and respectful environment
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female employees, such as “Oh my god, you have such big tits” and “I’d fuck the shit out of her.”
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Two male co-workers would consistently try to ask Ms. Sheppard out on dates outside of work,
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despite her clearly telling them she was not interested.
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male co-worker began to stalk her, following her throughout the factory.
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comments to her male co-workers about being able to see her nipples through her shirt.
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Ms. Sheppard was not sure who to complain to, given that the Supervisors or Leads were often
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the harassers.
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out sick.
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named Morgan, contacted her about returning, and she replied that she was not comfortable
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returning to her same area on the line and asked if there was any other area where she could
work.
A Supervisor made
After approximately two months of being sexualized at work, Ms. Sheppard went
A Tesla employee, who Ms. Sheppard believes was a factory supervisor or manager
The Tesla employee never responded.
Ms. Sheppard could not take it anymore.
Ms. Sheppard saw other women experiencing the same sexually inappropriate
behavior, and witnesses will testify that they observed the rampant sexual harassment at Tesla.
Ms. Sheppard brings this action to hold Tesla accountable for the harm it caused her, and in
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3.
During her first week at work, another
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at Tesla’s Fremont factory. On a daily basis, she had to hear comments sexualizing her and other
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Samira Sheppard was nineteen years old when she started her first job as an adult
' Tesla, Inc. 2020 10-K Report to the Securities and Exchange Commission at pp. 12-13.
https://www.sec.gov/Archives/edgar/data/1318605/000156459021004599/tsla-
10k_20201231.htm

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COMPLAINT
FOR
DAMAGES
Page 3 =|
hopes that Tesla that will put a stop to the unsafe, hostile work environment for women at its
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Fremont factory.
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PARTIES
Plaintiff Samira Sheppard was employed by Tesla from approximately October
27, 2020, until at the beginning of March 2021.
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4.
(“Tesla” or “Defendant”, is a Delaware Corporation with its principal place of business in
California.
6.
therefore sues said Defendants by fictitious names pursuant to California Code of Civil Procedure
section 474.
VENUE AND JURISDICTION
Venue is proper in this Court under California Code of Civil Procedure § 395.
because Plaintiffs employment was performed in this county and because the legal violations
alleged herein took place in this county.
8.
Venue is also proper in this Court under California Government Code § 12965(b)
because Defendant committed the unlawful practices alleged herein in this county.
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This Court has general jurisdiction to adjudicate this unlimited civil case, in which
the total amount in controversy, exclusive of interest and costs. exceeds $75.000.
10.
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Plaintiff
will amend this Complaint to show such true names and capacities of
Does | through 20, inclusive, when they have been determined.
This Court has jurisdiction to adjudicate Plaintiff's claims under the Fair
Employment and Housing Act pursuant to California Government Code § 12965(b).
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The true names and capacities of Defendants named herein as Does 1 through 20,
inclusive, whether individual, corporate, associate or otherwise are unknown to Plaintiff, who
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Defendant Tesla, Inc. Which Will Do Business In California As Tesla Motors, Inc.
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She resides in Modesto, California.
Plaintiffat Defendant's place of business located in this county. and because Defendant’s acts
allegedly giving rise to liability occurred in this county.
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This Court has personal jurisdiction over Defendant because Defendant employed
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COMPLAINT FOR DAMAGES
Page 4 _
PROCEDURAL ALLEGATIONS
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Fair Employment and Housing against Defendant for discrimination and harassment on
FF
Prior to filing this Complaint, Plaintiff filed a complaint with the Department of
December 13, 2021.
a
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this lawsuit.
Plaintiff obtained a notice of Right-to-Sue on the same date prior to filing
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FACTS COMMON
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Associate working on the main factory floor in Fremont, California.
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Tesla hired Ms. Sheppard on or around October 27, 2020, as a Production
women in her work area and at nineteen years old she was much younger than most of the
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TO ALL CAUSES OF ACTION
predominantly male employees she worked with at Tesla.
14.
She was one of only a few
Throughout her time at Tesla, Ms. Sheppard dealt with daily harassment from
male co-workers, and at times, from male Leads and at least one male Supervisor.
Almost every
day, male co-workers consistently made comments to Ms. Sheppard about her body, such as,
“You have such big tits,” “Damn, you look good,” “Nice body,” “You look good for being so
short,” “You’re gonna be my baby mama,” “I know you look good under there,” “I know you’d
look good outside of work,” and various comments about the size of her back-side such as “I
know you have a fat ass under there.”
At least several times
a week, male co-workers would ask
Ms. Sheppard out on dates. and they would flirt with her daily, despite her making it clear that
she was not interested.
After a certain point, the harassment caused Ms. Sheppard to go into a
mental mode where she tried to keep her mind blank — as if she were there, but not there, because
she could not stand to be present in a place where she was spoken to in this way.
1S.
During her first week on the job, a male co-worker, Anthony [last name
unknown], began to stalk Ms. Sheppard.
different area than Ms. Sheppard.
Anthony worked as a Material Handler on a forklift in a
He would ask Ms. Sheppard’s friend, who worked in the same
area as Anthony. where Ms. Sheppard was. and would follow her throughout the factory.
Ms. Shawsard and her friend would meet up at the end of their shifts so they could leave the
building together. and once Anthony learned this. he would show up at their meet-up spot.
/II
COMPLAINT
FOR DAMAGES
Page 5 DY
worked near Anthony.
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would ask the co-worker questions about Ms. Sheppard, such as “did you drive with Samira
today?”; “when is the last time you saw Samira?”; and “Are you going to meet Samira today?”
photos such as, “I’ve seen the pictures you’ve posted, you look good” and “you’re really pretty in
your pictures.”
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having to interact with Anthony.
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Ms. Sheppard began arriving and leaving early or late from work to try to avoid
complaint about Anthony and also dealt with harassment by him.
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been moved to a new location after making the complaint to H.R.
19.
Ms. Sheppard’s friend told her that she had made an H.R.
The friend said that she had
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and Rone were friends, and they asked Ms. Sheppard and one of her female friends out on a
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double date. Ms. Sheppard (like her female friend) made it clear that she was not interested, by
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saying directly to CJ and Rone that she did not want to go out with them.
said to Ms. Sheppard, “We don’t need a serious relationship, but I still want to mess around with
you.”
At one point, Rone
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worker, Rone said to Ms. Sheppard, “I’d fuck the shit out of her.”
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Ms. Sheppard like “You have such big tits,” and he would often stare at her chest area.
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tell Ms. Sheppard that she-was his “best friend,” as if this were an excuse or explanation for his
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conduct.
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was not interested.
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comments and stared at Ms. Sheppard’s body.
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Throughout her time at Tesla, CJ and Rone continually made sexualized
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unknown], were particularly bothersome and would harass Ms. Sheppard on a daily basis.
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Two male co-workers, CJ [last name unknown] and Lerone (“Rone”) [last name
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Anthony also found Ms. Sheppard’s personal social media profiles, and he told her
he was looking at her social media pages at work, making comments to Ms. Sheppard about her
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Knowing that Ms. Sheppard carpooled with this co-worker, Anthony
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Referring to Ms. Sheppard’s female friend and coCJ made comments to
CJ would
Ms. Sheppard never felt that he was her friend and continued to indicate to him that she
.
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On one occasion. a colleague came up to Ms. Sheppard and told her that a
Supervisor named Atuba [phonetic. last name unknown] was encouraging male employees to
COMPLAINT FOR DAMAGES
Page 6 =
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did not think of complaining about this because it was a Supervisor making the comment.
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Similarly, Ms. Sheppard did not complain about the daily sexual comments because they were
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out in the open and clearly known to and participated in by Supervisors and Leads, and it
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appeared to her that that was just the accepted culture at Tesla or at workplaces in general
because this was her first job.
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angry, anxious, afraid, and uncomfortable, both at work and even outside of work.
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The behavior that Ms. Sheppard experienced made her feel depressed, ashamed,
wearing baggie clothes to try to avoid drawing attention to herself.
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she might really excel at Tesla and grow a career there. About two months into the job,
at the
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end of December 2020, she went on bereavement leave.
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hospitalized.
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named Morgan, texted Ms. Sheppard about coming back to work.
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text message that said (as best she remembers) she was not comfortable returning to her same
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area on the line and asked if there was any other area where she could work.
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response.
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Ms. Sheppard had been excited to work at Tesla as her first job, and she thought
environment.
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She began
else she would be fired.
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look at Ms. Sheppard’s breasts because her nipples were visible through her shirt. Ms. Sheppard
2021, at which point the deadline in the letter for her to return to work had already passed.
A Tesla employee, who Ms. Sheppard believes was a Supervisor or manager
She responded with a lengthy
She never gota
Ms. Sheppard decided she was not willing to go back into a harassment-filled
Later, Tesla sent her a letter in the mail that she would need to return to work or
Ms. Sheppard did not receive this letter until on or around March
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experience she had at Tesla as her first-ever work experience.
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was so normalized at Tesla that Ms. Sheppard assumed she would have similar experiences.at
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other jobs.
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Ms. Sheppard found a new job and began working again.
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Ms. Sheppard was hesitant to begin working again after the traumatizing
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While on leave, she became ill and was
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The sexual harassment she faced
She enrolled in school. and approximately eight months after leaving Tesla.
COMPLAINT FOR DAMAGES
Page 7 =
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(Sexual Harassment in Violation of FEHA, Gov. Code §§ 12940 et seq.)
25.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
26.
Ms. Sheppard is a woman who was employed by Tesla.
27.
Ms. Sheppard was subjected to severe and pervasive harassing conduct from a
Supervisor and colleagues because she is a woman.
28,
As detailed above, this severe, pervasive, and harassing conduct included near-
daily comments of a demeaning, objectifying, and sexual nature; overtly sexual comments about
Tesla’s Supervisor, who had authority to direct Ms. Sheppard’s work activities, evaluate her
performance, and discipline her.
29.
Ms. Sheppard’s circumstances constituted a hostile work environment.
30.
The sexual advances and comments directed to Ms. Sheppard were unwelcome.
31.
Tesla is strictly liable for the sexual harassment because it was conducted by
Ms. Sheppard because the behavior was committed and/or witnessed by Supervisors and Leads
and was generally known to and tolerated by Tesla.
appropriate corrective action.
Ms. Sheppard has suffered pain and suffering and continues to suffer severe emotional distress,
including shame, anxiety, embarrassment, stress, and indignity, all to her damage in an amount to
be proven at the time of trial.
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with the wrongful intention of injuring Ms. Sheppard. from an improper and evil motive
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Tesla committed the aforementioned acts despicably, maliciously, and willfully,
amounting to malice, and in conscious disregard of her rights and safety.
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were on notice of and ratified the offending conduct.
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As a direct, foreseeable, and proximate result of Tesla’s unlawful actions,
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Yet Tesla failed to take immediate and
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Tesla knew or should have known of the rampant sexual harassment directed at
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her body; unwelcome and persistent romantic propositioning; and threatening stalking behavior.
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forth herein and alleges as follows:
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FIRST CAUSE OF ACTION
punitive damages from Tesla in an amount according to proof.
Tesla managing agents
Ms. Sheppard is thus entitled to recover
COMPLAINT FOR DAMAGES
Page 8 (Failure to Prevent Sexual Harassment in Violation of FEHA, Gov. Code § 12940(k))
35.
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Tesla failed to take immediate preventative and corrective steps reasonably
calculated to prevent the sexual harassment of Ms. Sheppard.
workplace.
38.
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Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
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SECOND CAUSE OF ACTION
Tesla knew or should have known of the rampant sexual harassment in its
As a direct, foreseeable, and proximate result of Tesla’s unlawful actions,
Ms. Sheppard has suffered pain and suffering and continues to suffer severe emotional distress,
including shame, anxiety, embarrassment, stress, and indignity, all to her damage in an amount to
be proven at the time of trial.
39.
Tesla committed the aforementioned acts despicably, maliciously, and willfully,
with the wrongful intention of injuring Ms. Sheppard, from an improper and evil motive
amounting to malice, and in conscious disregard of her rights and safety. Tesla managing agents
were on notice of and ratified the offending conduct.
Ms. Sheppard is thus entitled to recover
punitive damages from Tesla in an amount according to proof.
THIRD CAUSE OF ACTION
(Discrimination in Violation of FEHA, Gov. Code §§ 12940 er seq.)
40.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
4].
Under California Government Code § 12940, it is an unlawful employment
practice for an employer to discharge an employee or to discriminate against an employee in
terms, conditions, or privileges of employment, because of her sex.
42.
Tesla discriminated against Plaintiff by subjecting her to working conditions to
which men were not subjected — including the above-described unlawful treatment — based upon
her sex.
Plaintiff was denied terms and privileges granted to men — ie., a workplace free of sex-
motivated negative treatment.
COMPLAINT FOR DAMAGES
Page 9 WO
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away from work, which resulted in her termination, or constructively terminated Plaintiff.
through its officers, managing agents, and/or supervisory employees, intentionally created and
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By engaging in the above unlawful conduct, Tesla either forced Plaintiff to stay
knowingly permitted sexual harassment of Plaintiff that was so intolerable that a reasonable
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43,
Tesla,
person in Plaintiffs position would have had no reasonable alternative except to refrain from
Ms. Sheppard refrained from returning to work because of these working
conditions, which resulted in her termination.
45.
As a direct, foreseeable, and proximate result of Tesla’s unlawful actions,
Ms. Sheppard has suffered economic loss, pain and suffering and severe emotional distress,
including shame, anxiety, embarrassment, stress, and indignity, all to her damage in an amount to
be proven at the time of trial.
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with the wrongful intention of injuring Ms. Sheppard, from an improper and evil motive
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Tesla committed the aforementioned acts despicably, maliciously, and willfully,
amounting to malice, and in conscious disregard of her rights and safety. Tesla managing agents
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were on notice of and ratified the offending conduct.
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returning to work.
punitive damages from Tesla in an amount according to proof.
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FOURTH
(Wrongful Termination in Violation of Public Policy)
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CAUSE OF ACTION
47.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
Defendant's termination and/or constructive discharge, of Ms. Sheppard violated
the fundamental public policy of the State of California embodied by FEHA that employers shall
not discriminate against or harass employees on the basis of sex.
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As a direct, foreseeable. and proximate result of Defendant's unlawful actions,
Ms. Sheppard has suffered economic loss, physical injury, pain and suffering and severe
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emotional distress, including shame, anxiety, embarrassment, stress, and indignity, all to her
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Ms. Sheppard is thus entitled to recover
damage in an amount to be proven at the time of trial.
COMPLAINT
FOR DAMAGES
Page 10 DN
with the wrongful intention of injuring Ms. Sheppard, from an improper and evil motive
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amounting to malice, and in conscious disregard of her rights and safety. Tesla’s managing
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agents were on notice of and ratified the offending conduct. Ms. Sheppard is thus entitled to
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Tesla committed the aforementioned acts despicably, maliciously, and willfully,
recover punitive damages from Tesla in an amount according to proof.
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WHEREFORE,
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PRAYER FOR RELIEF
I.
Ms. Sheppard prays for judgment against Tesla as follows:
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emotional distress;
2.
For punitive damages as allowed by law;
3.
For an award to Ms. Sheppard of costs of suit incurred herein and reasonable
4.
For prejudgment interest and post-judgment interest permitted by law; and
5.
For an award of such other and further relief as the Court deems just and proper.
December
14,
Respectfully submitted,
RUDY, EXELROD, ZIEFF
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DAVIDAAOWS
MEGHAN F. LOISEL
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attorneys’ fees;
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but not limited to, salary and bonus wages), equity, fringe benefits, future lost earnings, and
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For compensatory damages, including but not limited to, lost back pay (including,
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FIRM
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THE JHAVERI-WEEKS
Attorneys
for Plaintiff Samira Sheppard
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WILLIAM C. JHAVERI-WEEKS
ALLY N. GIROUARD
COMPLAINT
FOR DAMAGES
Page 11 FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all causes of action and/or issues so triable.
DATED:
December 14,
Respectfully submitted,
RUDY, EXELROD, ZIEFF & LOWE, LLP
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COMPLAINT FOR DAMAGES
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