Page 1 E-FILED
1/27/2022 10:
MATERN LAW GROUP, PC
MATTHEW MATERN (SBN
Clerk of Court
MORAN
220V
AM
Superior Court of CA,
County of Santa Clara
159798)
JOSHUA D. BOXER (SBN 226712)
CLARE E.
(SBN 340539)
1230 Rosecrans Avenue, Suite Manhattan Beach, California Telephone: (3 1 0) 53 1- 1 Facsimile: (3 10) 53 1 - 1 J.
Reviewed By: M. Dominguez
Email: mmatem@maternlawgr0up.com
Email: iboxerébmatemlawgroupcom
Email: cmoran@maternlawgroup.com
MATERN LAW GROUP, PC
COREY B. BENNETT (SBN 267816)
1330 Broadway, Suite Oakland, California Telephone: (510) 227-Facsimile: (3 10) 53 1— 1 cbennett(a>matemlawgroup.com
Attorneys for Plaintiff
SHANEL DICKSON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
220V
SHANEL DICKSON,
CASE NO.:
an individual,
Plaintiff,
COMPLAINT FOR:
VS.
TESLA ENERGY OPERATIONS,
Delaware corporation; TESLA, INC., a
Delaware corporation; KENNY GRIFFIN, an
individual; and DOES 1 through 50, inclusive,
.
INC., a
2.
3-
Defendants.
Sexual and Racial Harassment in Violation
of Cal. Gov’t Code § 129400) (FEHA);
Gender and Race Discrimination in
Violation 0f Cal. Gov’t Code § 12940(a);
Failure t0 Take Steps Necessary t0 Prevent
Harassment, Discrimination, and/or
Retaliation in Violation of Cal. Gov’t Code
§
12940(k);
Retaliation in Violation of Cal. GOV’t
Code
§ 12940(h);
Intentional Infliction 0f Emotional
Distress;
Negligent Hiring, Supervision, and/or
Retention;
Constructive Discharge in Violation 0f
Public Policy.
DEMAND FOR JURY TRIAL
MATERN LAW GROUP
1230 ROSECRANS
AVENUE, STE
MANHATTAN
BEACH, CA
-1-
COMPLAINTPage 2 NATURE OF THE ACTION
1.
Plaintiff
SHANEL DICKSON
brings this action against Defendants
TESLA ENERGY OPERATIONS, INC,
corporation doing business in the State of California
Delaware corporation doing business
(“GRIFFIN”), an individual; and
to
discrimination, retaliation, failure t0 prevent discrimination and harassment, intentional infliction of
emotional distress, constructive discharge in Violation 0f public policy, and other unlawful and
remedy
in the state
DOES
DEFENDANTS’ employment
PLAINTIFF
tortious conduct.
attorneys’ fees, and costs.
(“TESLA ENERGY”); TESLA,
of California (“TESLA”);
practices and policies 0f sexual
KENNY
INC., a
GRIFFIN
“DEFENDANTS”),
through 50, inclusive (collectively,
and
racial harassment,
seeks compensatory damages, punitive damages, injunctive
relief,
JURISDICTION AND VENUE
2.
This Court has jurisdiction in this matter because
0f the State 0f California
citizen
residents and citizens 0f, and/or regularly conduct business
federal question
3.
at issue,
is
Venue
is
at all
PLAINTIFF was
times relevant t0 this complaint, and
in,
a resident and a
DEFENDANTS
are
the State of California. Further, no
because the claims are based solely 0n California law.
proper in the County of Santa Clara, California because
DEFENDANTS
performed work for
actions and omissions, set forth herein, occurred in the
in the
County 0f Santa
Clara,
and
County of Santa
PLAINTIFF
DEFENDANTS’
unlawful
Clara.
PLAINTIFF
4.
PLAINTIFF
is
a female resident and citizen of the State
was employed by
DEFENDANTS
September
September 2021.
to
in the
County of Santa
ofNeW York. PLAINTIFF
Clara, California
fiom
in 0r
around
DEFENDANTS
5.
and
Delaware.
ENERGY
On
at all relevant
information and belief,
PLAINTIFF
alleges that Defendant
TESLA ENERGY is
times was, a corporation organized and existing under the laws of the State 0f
PLAINTIFF
is
further informed
and believes, and thereon
alleges,
that
TESLA
conducts busmess 1n the State of Callfornla. Spemfically, upon 1nformat10n and behef,
MANHATTAN
a Delaware
BEACH, CA
demanding a jury
trial,
MATERN LAW GROUP
individual,
ROSECRANS
AVENUE, STE
(“PLAINTIFF”), an
_2_
COMPLAINTPage 3
TESLA ENERGY conducts business
where the unlawful conduct occurred.
On
6.
information and belief,
County 0f Santa
PLAINTIFF
alleges that Defendant
at all
PLAINTIFF
in the State
the
further informed
is
County of Santa
Clara,
TESLA ENERGY
Additionally,
DEFENDANTS
8.
unknown
fictitious names.
designated as a DOE
and legally caused the
0f the court
GRIFFIN
conducts business in
all
times relevant herein,
GRIFFIN was
and TESLA, and served as PLAINTIFF’S direct supervisor.
acted within the course and scope of his employment and/or as an agent 0f
true
names and
PLAINTIFF
t
TESLA
conducts business
during the events described herein, unless alleged otherwise.
The
to
belief,
TESLA
informed and believes, and based thereon alleges, that Defendant
is
a male resident of the State 0f California. At
is
employed by
alleges, that
Where PLAINTIFF worked, and Where the unlawful conduct occurred.
PLAINTIFF
7.
GRIFFIN
and believes, and thereon
0f California. Specifically, upon information and
at this time,
PLAINTIFF
is
capacities 0f Defendant
is
through 50, inclusive, are
and PLAINTIFF therefore sues such Defendants under
informed and believes, and thereon alleges, that each Defendant
responsible in
injuries
DOES
some manner
for the events
and damages alleged
amend this Complaint
and happenings referred to herein,
in this Complaint.
names and
t0 allege their true
PLAINTIFF will
capacities
When
FACTUAL ALLEGATIONS
PLAINTIFF was employed by TESLA
9.
ENERGY
and
TESLA
a solar roofer from
approximately September 2020 to September 2021 in Santa Clara County, California.
performed her job competently
seek leave
ascertained.
While working
10.
at all
at
PLAINTIFF
times material t0 this complaint.
TESLA ENERGY
and
TESLA
between September 2020 and
September 2021, PLAINTIFF was directly supervised by GRIFFIN.
From approximately
11.
ENERGY
demeaning and
harassing conduct, perpetrated by
MATERN LAW GROUP
and
and
TESLA under the
explicit
July 2021 t0 September 2021, While working at
supervision of GRIFFIN,
comments,
racially harassing
PLAINTIFF was
TESLA
subjected to sexually
and discriminatory comments, and other
GRIFFIN and other TESLA ENERGY and TESLA managers and
MANHATTAN
TESLA is
relevant times was, a corporation organized and existing under the laws 0f the State of Delaware.
BEACH, CA
Where PLAINTIFF worked, and
Clara,
ROSECRANS
AVENUE, STE
in the
_3_
COMPLAINTPage 4
employees. Such actions, which were offensive and unwelcome and created a
intimidating
work environment,
“nigga. ”
inappropriate, sexual
word and otherwise
GRIFFIN
GRIFFIN
comments. PLAINTIFF
tried ignoring
TESLA
Another white
unknown), laughed
at
PLAINTIFF’S
PLAINTIFF
hair,
which was styled
PLAINTIFF’S manager, Frank Wu, was standing
PLAINTIFF
felt
Black,
other
called her the n-
him
to stop, but
to
in dreadlocks, in
directly across
from
(last
name
fiont of a group. Silva
PLAINTIFF’S
hair.
Silva, but said nothing.
humiliated.
DEFENDANTS
C.
PLAINTIFF was
also discriminated against
woman on
gender.
appropriate duties for the position, Whereas
the only
Wu. Soon
experienced to Mr.
improvement plan (“PIP”). The PIP
requirements, but
PLAINTIFF was only given
0n
opportunities.
the
stated in part that
On
issued
given
duty work.
she
a performance
not meeting performance
had denied PLAINTIFF proper training and work opportunities
September
13, 2021,
PLAINTIFF fiom
PLAINTIFF complained
TESLA’s Human Resources
seeking internal
about the discrimination,
department. Chenoa Chavez, an
harassment, and retaliatory PIP t
Partner With
TESLA, met with PLAINTIFF
PLAINTIFF
that
crew where she worked with GRIFFIN. Instead of placing PLAINTIFF
position as a solar roofer, however,
required her t0 see
TESLA was
men were
PLAINTIFF
PLAINTIFF was
the basis of her gender. This PIP subsequently prevented
E.
light
the basis 0f her
discrimination and harassment
DEFENDANTS
thereafter,
DEFENDANTS
PLAINTIFF 0n
her solar roofing team. The
PLAINTIFF complained about
D.
opening an investigation into the matter, and removing her
TESLA
HR
regarding these concerns. Ms. Chavez then informed
fiom the
in another appropriate
assigned her t0 pick up trash—an assignment that still
GRIFFIN.
MANHATTAN
GRIFFIN when he
take her hair wrap off so she could touch
then asked
MATERN LAW GROUP
is
and made
employee, operations manager Silva
BEACH, CA
ass,”
‘Yat
referred t0 her in a derogatory manner, as well as asking
B.
ROSECRANS
AVENUE, STE
PLAINTIFF, who
White, fiequently called
continued.
is
PLAINTIFF “Sha-nay—nay,”
called
also
and
include, but are not limited to, the following:
GRIFFIN, who
A.
hostile, abusive,
_4_
COMPLAINTPage 5 PLAINTIFF was
F.
not interviewed by anyone as part of this investigation, nor
was she informed of any findings 0r
PLAINTIFF
remedy the discrimination and harassment
alleges that
failed t0 take
PLAINTIFF had
York,
transfer to another solar
being eligible t0 transfer. Because
was forced to
fell
ill.
t0 return t
New York t
DEFENDANTS
DEFENDANTS, PLAINTIFF has
anguish.
foregoing acts and omissions 0f DEFENDANTS.
Additionally,
13.
As
suffered,
PLAINTIFF
refused t0 allow
and will continue t
t0 transfer, she
unlawfifl and malicious
suffer, great
acts
0f
mental and emotional
has been humiliated and embarrassed as a result 0f the
of DEFENDANTS, PLAINTIFF has suffered monetary damages
trial.
in
an amount subject t0 proof at
FIRST CAUSE OF ACTION
Violation 0f California Fair
Employment and Housing Act — Sexual and Racial Harassment
Gov’t Code § 12940(j)]
[Ca].
(Against
14.
PLAINTIFF
DEFENDANTS)
all
incorporates herein
by specific
reference, as though fully set forth, the
factual allegations in the foregoing paragraphs.
15.
At
all
relevant times herein, California
an unlawful employment
“[i]t is
0r,
State 0f California.
practice, unless
Government Code
§
provided
that
based upon a bona fide occupational qualification,
except where based upon applicable security regulations established by the United States or the
t0 harass
..
(j)
[flor an employer
01'
any other person, because 0f
an employee.”
MATERN LAW GROUP
MANHATTAN
PLAINTIFF
fiom
a further direct and proximate result of the foregoing unlawful and malicious acts
BEACH, CA
New
care for her, so she applied for an internal
a direct and proximate result of the foregoing
lives in
quit.
As
12.
ROSECRANS
AVENUE, STE
PLAINTIFF’S mother, who
INJURIES TO PLAINTIFF
t
that she experienced.
roofing position. The retaliatory PIP, however, prevented PLAINTIFF
information and belief,
immediate and appropriate corrective action
In or around late September 2021,
G.
TESLA
On
resulting corrective action.
_5_
COMPLAINT
.
..
race, sex, genderPage 6 As
16.
set forth
above,
Government Code
DEFENDANTS’
acts
PLAINTIFF
California
DEFENDANTS
Right t0 Sue
engaging in severe or pervasive conduct that created a hostile work environment on the basis 0f
PLAINTIFF’S
17.
§
129400).
a
complaint
against
With the California Department 0f Fair Employment and Housing and received a
letter
0n January
21, 2022.
DEFENDANTS
sexually harassed
PLAINTIFF by
sex.
TESLA ENERGY and TESLA knew,
0r should have known, 0f GRIFFIN’S conduct
against
GRIFFIN
18.
As
for his egregious conduct, thereby ratifying his actions.
a proximate result of DEFENDANTS’ unlawful acts, practices, and omissions,
PLAINTIFF
emotional distress, in an amount subject t0 proof
damages together with prejudgment
3288, and/or any other applicable provision providing for prejudgment
19.
has suffered monetary damages, humiliation, mental anguish, and physical and
By
engaging
in
the
at trial.
PLAINTIFF
claims such amount as
interest thereon pursuant t0 California Civil
aforementioned unlawful
acts,
Code §§ 3287,
interest.
practices,
and omissions,
PLAINTIFF. DEFENDANTS’ conduct was
DEFENDANTS
malicious, and despicable, and
and safety ofothers. Therefore, an award ofpunitive damages, sufficient
and t0 serve as an example to deter
made. PLAINTIFF claims such amount as damages
such amount as damages together with prejudgment interest thereon pursuant to California Civil
Code §§ 3287, 3288 and/or any other
20.
against
//
//
//
//
intended to cause injury to
Additionally,
was
carried
0n with a conscious and
DEFENDANTS fiom similar
t
willful disregard
t
conduct
be determined
reckless,
of the rights
punish DEFENDANTS
in the filture,
at trial.
should be
PLAINTIFF
claims
applicable provision providing for prejudgment interest.
PLAINTIFF
seeks an award 0f reasonable attorneys’ fees and costs
DEFENDANTS pursuant t0 the California Fair Employment and Housing Act.
MATERN LAW GROUP
MANHATTAN
filed
and failed to properly investigate, reprimand, terminate, or take an appropriate disciplinary action
BEACH, CA
timely
ROSECRANS
AVENUE, STE
and omissions constitute Violations of
_6_
COMPLAINTPage 7 SECOND CAUSE OF ACTION
Gender and Race Discrimination
in Violation 0f the Fair
Act
[Ca].
(Against
PLAINTIFF
21.
Gov’t Code § 12940(a)]
DEFENDANTS TESLA ENERGY and TESLA)
incorporates herein
by specific
At
22.
all
relevant times herein, California
an unlawful employment practice
“[i]t is
gender
conditions, or privileges of employment.”
.
.
.
0f any person
As
23.
set forth
.
.
.
.
.
.
Government Code
Government Code
TESLA ENERGY
provided
[,]
sex, [or]
person in compensation or in terms,
TESLA ENERGY
TESLA
Violations of
against Plaintiff in compensation, conditions, and privileges of employment,
because of her gender and race.
and was subjected
employment benefits and
reprimanded. This conduct was severe and pervasive and so altered working conditions as t
it
have considered the work environment
more
difficult for
24.
section 12940.
because she was a Black woman.
privileges,
PLAINTIFF to do
PLAINTIFF
and
PLAINTIFF was an employee of TESLA
to discrimination
t
be
hostile, just as
and thereon
PLAINTIFF
alleges, that her
basis
ENERGY
of and
TESLA
and
PLAINTIFF was
denied
make
Violation
as alleged herein.
25.
section 12940 and has resulted in
a direct and proximate result of TESLA
did.
gender and race were the
motivating factors in the wrongful employment actions and practices.
As
on the
A reasonable person in PLAINTIFF’S position would
ofGovernment Code
discriminated
denied work opportunities and assignments, and was
her job.
believes,
that
and TESLA’S acts and omissions constitute
Such discrimination
damage and
ENERGY
injury to
is
in
PLAINTIFF,
and TESLA’s unlawfifl
acts,
and omissions, PLAINTIFF has suffered monetary damages, humiliation, mental anguish,
practices,
and physical and emotional
amount
as
distress, in
an amount subject t0 proof at trial.
PLAINTIFF
damages together W1th prejudgment mterest thereon pursuant
MATERN LAW GROUP
MANHATTAN
[flor an employer, because of the race
t0 discriminate against the
above,
§
BEACH, CA
reference, as though fully set forth, the
factual allegations in the foregoing paragraphs.
ROSECRANS
AVENUE, STE
Employment and Housing
_7_
COMPLAINT
to C1V
claims such
Code
sectlonsPage 8
3287, 3288, and/or any other applicable provision providing for prejudgment
26.
By engaging
in the
and omissions,
TESLA ENERGY and TESLA intended to cause injury
to
and was carried on with a conscious and willful disregard of the rights and safety 0f others.
engaging in the aforementioned unlawful
practices,
The individual and
corporation and personally engaged in the oppressive, fiaudulent, 0r malicious conduct, and
PLAINTIFF. TESLA
ENERGY and TESLA’S conduct was reckless,
and omissions,
DOE
acts, practices,
TESLA ENERGY
and
authorized or ratified that conduct. Therefore,
sufficient to punish
future, in
t0 Civil
interest.
27.
against
DEFENDANTS
and
an amount according to proof at
Code
malicious, and despicable,
and omissions, and by ratifying such
TESLA
intended to cause injury to
By
acts,
PLAINTIFF.
defendants were officers, directors, or managing agents of the defendant
PLAINTIFF
to serve as
trial,
seeks an award 0f punitive damages,
an example to deter similar conduct in the
together With prejudgment interest thereon pursuant
sections 3287, 3288, and/or any other applicable provision providing for prejudgment
Additionally,
PLAINTIFF
seeks an award 0f reasonable attorneys” fees and costs
DEFENDANTS pursuant to the California Fair Employment and Housing Act.
THIRD CAUSE OF ACTION
Failure to Take Steps Necessary to Prevent Harassment, Discrimination, and/or Retaliation
[Ca].
(Against
28.
PLAINTIFF
Gov’t Code § 12940(k)]
DEFENDANTS TESLA ENERGY and TESLA)
incorporates herein
by specific
29.
At
all
relevant times, California
Government Code
unlawful employment practice
necessary t0 prevent discrimination and harassment
30.
As
set forth
Violations of the California
t
MATERN LAW GROUP
reference, as though fully set forth, the
factual allegations in the foregoing paragraphs.
.
.
above,
.
(k)
[flor an employer
TESLA ENERGY
Government Code
prevent harassment, and retallatlon.
§
.
.
.
§
12940 provided
that “[i]t
is
an
t0 fail t0 take all reasonable steps
fiom occurring.”
and TESLA’S acts and omissions constitute
12940(k), in that they failed to take necessary steps
PLAINTIFF filed
MANHATTAN
and omissions, and by
ratifying such acts, practices,
BEACH, CA
acts, practices,
ROSECRANS
AVENUE, STE
aforementioned unlawful
interest.
_8_
COMPLAINT
a complalnt W1th the CallfornlaPage 9
Department ofFair Employment and Housing, and received a right to sue
TESLA ENERGY
harassment and retaliation
By
and
TESLA
TESLA ENERGY
omissions,
and emotional
damages together With pre-judgment
3288 and any other applicable provision providing
32.
reason of
and TESLA’S unlawfill
distress, in
an amount subject
t
proof at
PLAINTIFF
trial.
and
claims such amount as
interest thereon pursuant to California Civil
for
prejudgment
Code §§ 3287,
interest.
TESLA ENERGY and TESLA knew, or should have known,
of GRIFFIN’S conduct
and failed t0 properly investigate, reprimand, terminate, 0r take appropriate disciplinary action
against
GRIFFIN
TESLA
engaged
by
conduct, acted with willful and conscious disregard 0f PLAINTIFF’s rights, welfare and safety, and
caused great physical and emotional harm to PLAINTIFF.
damages, sufficient to punish
them from
damages
judgment
provision providing for prejudgment interest.
for his egregious conduct, thereby ratifying his actions.
in the
ratifying such acts,
aforementioned unlaWfiJI
engaged
in intentional, reckless
TESLA ENERGY
to be determined at
trial.
PLAINTIFF
33.
PLAINTIFF will also
and
TESLA
TESLA ENERGY
and
and omissions alleged herein, and
willful, oppressive
and malicious
Therefore, an award of punitive
and
t0 serve as
PLAINTIFF
an example t0 deter
claims such amount as
claims such amount as damages together with pre-
Code §§ 3287, 3288 and any other
applicable
seek the costs and expenses 0fthis action, including reasonable
attorneys’ fees pursuant t0 the California Fair
policy.
Employment and Housing Act and
California public
FOURTH CAUSE OF ACTION
Retaliation [Ca]. Gov’t
and
interest thereon pursuant to California Civil
acts, practices
similar conduct in the future, should be made.
(Against
34.
PLAINTIFF
allegatlons 1n the
Code
§ 12490(h)]
DEFENDANTS TESLA ENERGY and TESLA)
incorporates
by specific
reference, as though fully set forth, the factual
foregomg paragraphs.
MATERN LAW GROUP
MANHATTAN
practices
has suffered monetary damages, humiliation, mental anguish, and physical
BEACH, CA
acts,
ROSECRANS
AVENUE, STE
such
fiom occurring.
31.
on January 21, 2022.
failed to take all reasonable steps necessary to prevent
PLAINTIFF
letter
_9_
COMPLAINTPage 10 At
35.
all
relevant times, California
Government Code
is
an
discriminate against any person because the person has opposed any practices forbidden under this
part 0r because the person has filed a complaint, testified, or assisted in
part.”
As
36.
set forth
.
.
above,
.
(h)
[flor any employer
TESLA ENERGY
of the California Government Code
Violations
PLAINTIFF
toward her and
to intolerable
§
.
.
.
to discharge, expel, or otherwise
any proceeding under
this
and TESLA’S acts and omissions constitute
12940(h),
in that
it
continued t0 subject
working conditions following her complaints about GRIFFIN’s conduct
TESLA ENERGY and TESLA failed
failed t0 investigate her complaints about him.
such harassment
t0 take all reasonable steps necessary to prevent
a complaint with the California Department of Fair
t0 sue letter
fiom occurring. PLAINTIFF filed
Employment and Housing, and received
a right
0n January 21, 2022.
37.
By reason of DEFENDANTS’
unlawful
acts, practices
and omissions, PLAINTIFF
has suffered monetary damages, humiliation, mental anguish, and physical and emotional distress,
in
pre-judgment interest thereon pursuant to California Civil Code §§ 3287, 3288 and any other
applicable provision providing for prejudgment interest.
an amount subject
38.
t
proof at
DEFENDANTS
trial.
PLAINTIFF
engaged
in
the
claims such amount as damages together with
aforementioned unlawful
acts,
practices
and
omissions alleged herein, and by ratifying such acts, engaged in intentional, reckless and willful,
oppressive and malicious conduct, acted with willful and conscious disregard of
rights, welfare
an award of punitive damages, sufficient t0 punish
deter
damages
judgment
provision providing for prejudgment interest.
and
them from
safety,
DEFENDANTS
similar conduct in the filture, should be made.
to be determined at
trial.
PLAINTIFF
PLAINTIFF
Will also
and
t0 serve as
PLAINTIFF
an example t
claims such amount as
claims such amount as damages together with pre-
interest thereon pursuant to California Civil
39.
PLAINTIFF’s
and caused great physical and emotional harm to PLAINTIFF. Therefore,
Code §§ 3287, 3288 and any other
applicable
seek the costs and expenses 0f this action, including
reasonable attorneys’ fees pursuant t0 the Cahforma Falr
MATERN LAW GROUP
BEACH, CA
that “[i]t
unlawful employment practice
MANHATTAN
12940 provided
ROSECRANS
AVENUE, STE
§
_
0_
COMPLAINT
Employment and Housmg Act andPage 11
California public policy.
FIFTH CAUSE OF ACTION
Intentional Infliction of Emotional Distress
(Against All
incorporates herein
by specific
During
41.
TESLA and was
TESLA ENERGY
all
GRIFFIN was employed by TESLA
relevant times,
and
TESLA are
liable for
GRIFFIN’S conduct.
knew, 0r should have known, 0f GRIFFIN’S conduct and
terminate, or take an appropriate disciplinary action against
thereby ratifying his actions.
GRIFFIN’S conduct,
42.
exceed
as set forth above,
bounds of decency. Further,
reasonable person as intolerable in a civilized community.
all
By engaging
43.
likely result in
harm due
On
44.
mental
to cause
probability that
and TESLA, such that
GRIFFIN
in that
it
was
so extreme as
conduct would be regarded by any
GRIFFIN knew that his conduct would
PLAINTIFF
distress or, at
alleges that
GRIFFIN
minimum, acted with
acted With the intent
reckless disregard of the
suffer emotional distress.
committing the outrageous and malicious acts and omissions alleged herein,
DEFENDANTS
severe emotional distress.
the intent 0f inflicting humiliation, mental anguish, and severe emotional distress
knew, or should have known,
Moreover,
that such conduct
DEFENDANTS’
a direct and proximate result 0f
46.
omissions,
PLAINTIFF
t0 California Civil
MATERN LAW GROUP
TESLA
for his egregious conduct,
As
and
distress.
PLAINTIFF would
By
45.
aforementioned conduct,
information and belief,
PLAINTIFF emotional
t
in the
and
failed to properly investigate, reprimand,
DEFENDANTS’
to
ENERGY
TESLA ENERGY
was outrageous
PLAINTIFF has
acts
would
result in
PLAINTIFF’S
and omissions were perpetrated with
DEFENDANTS’
suffered severe emotional distress, in an
unlawful
upon PLAINTIFF.
acts, practices,
and
amount subject t0 proof at trial.
claims such amount as damages together With prejudgment interest thereon pursuant
Code §§ 3287, 3288, and/or any
MANHATTAN
TESLA ENERGY
acting in his capacity as a supervisor at
BEACH, CA
reference, as though fully set forth, the
factual allegations in the foregoing paragraphs.
interest.
DEFENDANTS
47.
in the
aforementioned unlawful
and omissions. In doing
in intentional, reckless, willful, oppressive,
disregard of PLAINTIFF’S rights, welfare, and safety, and caused great physical and/or emotional
harm
DEFENDANTS
PLAINTIFF
to
PLAINTIFF.
and
acts, practices,
to deter
and malicious conduct, acted With willful and conscious
an award
Therefore,
so,
0f punitive
fiom
them and others
damages,
claims such amount as damages t0 be determined
Negligent Hiring, Supervision, and/or Retention
As
49.
Which
appropriate.
DEFENDANTS TESLA ENERGY and TESLA)
incorporates herein
by specific
reference, as though fully set forth, the
alleged above,
GRIFFIN was incompetent
and/or unfit to perform the
PLAINTIFF
50.
TESLA
is
informed and believes, and thereon alleges, that
0f reasonable diligence, should have known
Who committed
he was hired, and that an undue risk t0 persons such as
employment.
described above in conscious disregard for the rights and well-being 0f others,
PLAINTIFF.
knew, or
in the exercise
the harassing conduct,
TESLA ENERGY
TESLA ENERGY
51.
and
and
was incompetent and unfit
TESLA
TESLA
had a duty
PLAINTIFF
consented to such outrageous and dangerous conduct.
52.
GRIFFIN was
form 0fthe harassment and
TESLA ENERGY
GRIFFIN,
perform the duties for which
exist because
t0 use reasonable care
it
0f
his
_
2_
COMPLAINT
to properly
PLAINTIFF
in
n0 manner
in hiring, supervising, and/or retaining
PLAINTIFF’S harm.
and
including
breached, thereby causing injury t
retaliation alleged above.
and TESLA’s negligence
a substantial factor in causing
that
retained the employees responsible for the acts
supervise their managers, employees, and agents, which
in the
t
PLAINTIFF would
for
TESLA ENERGY
and
work
TESLA ENERGY and TESLA hired him.
punish
factual allegations in the foregoing paragraphs.
PLAINTIFF
48.
is
t
at trial.
SIXTH CAUSE OF ACTION
(Against
sufficient
similar conduct in the filture,
MATERN LAW GROUP
engaged
BEACH, CA
DEFENDANTS
and
omissions and/or ratified such
MANHATTAN
practices,
acts,
ROSECRANS
AVENUE, STE
engagedPage 13 53.
As
and physical and emotional
amounts as damages together With prejudgment
§§ 3287, 3288 and/or any other applicable provision providing for prejudgment interest.
54.
By
distress in
an amount subject to proof at
condoning and ratifying such acts by
perpetrators 0f these practices and omissions,
injury t
PLAINTIFF.
TESLA ENERGY
willful disregard
of the
punitive damages, sufficient to punish
to deter
together with prejudgment interest thereon pursuant to California Civil
any other applicable provision providing
fiom
TESLA
and safety 0f
others. Therefore,
TESLA ENERGY
similar conduct in the filture.
for
and
TESLA
PLAINTIFF
prejudgment
PLAINTIFF
intended to cause
seeks an award 0f
and t0 serve as an example
claims such amounts as damages
Code §§ 3287, 3288, and/or
interest.
SEVENTH CAUSE OF ACTION
Constructive Discharge in Violation of Public Policy
DEFENDANTS TESLA ENERGY and TESLA)
(Against
PLAINTIFF
and by
and despicable, and was carried out With a conscious and
55.
Code
and TESLA’S intentional and injurious conduct toward
reckless, malicious,
incorporates herein
by specific
reference, as though fully set forth, the
allegations in the foregoing paragraphs.
56.
At
all
times relevant in this action, Article
1,
Section 8 of the California Constitution
and the California Fair Employment and Housing Act was
0n
Housing Act, and the public policy of the State 0f California based thereupon prohibit
DEFENDANTS fiom discriminating
from
failing to take all reasonable steps necessary t0 prevent discrimination
occurrlng.
DEFENDANTS.
Article
retaliating against
I,
in filll force
and
effect,
Section 8 0f the Constitution, the California Fair
against or harassing an
and was binding
Employment and
employee because 0f race 0r gender,
an employee because she protests harassment 0r discrimination, and
MATERN LAW GROUP
BEACH, CA
and
PLAINTIFF was
them
claims such
and adequately discipline the
rights
PLAINTIFF
acts, practices, omissions,
failing to properly investigate
TESLA ENERGY
trial.
interest thereon pursuant to California Civil
engaging in the aforementioned unlawful
acts,
and omissions, PLAINTIFF has suffered monetary damages, humiliation, mental anguish,
practices,
MANHATTAN
and TESLA’s unlawfifl
ROSECRANS
AVENUE, STE
ENERGY
a direct and proximate result of TESLA
_
3_
COMPLAINT
fiom
and harassment fromPage 14
Each 0f the aforementioned
57.
PLAINTIFF
58.
believes,
constructive
DEFENDANTS
discharging
practices prohibited under the Fair
subject t0 working conditions
discharge
retaliated against
As
by
PLAINTIFF,
DEFENDANTS
BEACH, CA
by constructively
unlawful employment
Act. Accordingly,
PLAINTIFF was
damages together with prejudgment
any other applicable provision providing
has suffered monetary damages, humiliation, mental anguish, and physical and
By engaging
60.
such
in the
interest thereon pursuant to Civil
for
prejudgment
and omissions,
PLAINTIFF. DEFENDANTS’ conduct was
0n With a conscious and willful disregard 0fthe
seeks an award ofpunitive damages, sufficient t0 punish
to deter similar
prejudgment
provision providing for prejudgment interest.
practices,
reckless, malicious,
rights
Code §§ 3287, 3288 and/or
acts, practices,
DEFENDANTS
ratifying
claims such amount as
interest.
aforementioned unlawful
acts,
PLAINTIFF
at trial.
intended t
cause injury t
and despicable, and was carried
DEFENDANTS and t0 serve as an example
conduct in the future, in an amount according t0 proof
interest thereon pursuant t0 Civil
and omissions, and by
and safety of others. Therefore, PLAINTIFF
at trial, together
Code §§ 3287, 3288, and/or any
with
other applicable
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFF prays
1.
DEFENDANTS
For compensatory damages 0n PLAINTIFF’S economic
rights, humiliation, physical anguish,
2.
for judgment against
For injunctive
employees and successors, and
relief
all
and mental and emotional
permanently enjoining
_
14_
COMPLAINT
as follows:
losses, deprivation
of civil
distress;
DEFENDANTS
and
persons 1n actlve conduct or partlclpatlon w1th
MANHATTAN
that
a proximate result 0f DEFENDANTS’ unlawful acts, practices, and omissions,
emotional distress, in an amount subject to proof
alleges
that violated public policy.
MATERN LAW GROUP
DEFENDANTS’
Employment and Housing
PLAINTIFF
further
including, but not limited to,
and gender were substantial
PLAINTIFF
employment.
because she opposed
ROSECRANS
AVENUE, STE
alleges, that her race
conduct, as set forth above, including but not limited t0 the
of PLAINTIFF’s
her employment,
59.
and thereon
DEFENDANTS’
motivating factors in
embodies a fundamental and well-established
public policy in the State of California.
statutes
their
agents,
DEFENDANTSPage 15
in discriminatory
3.
permitted by law;
4.
and harassing practices;
For an award 0f punitive and exemplary damages on each cause of action as
For
interest
accrued to date pursuant to Civil Code §§ 3287, 3288, and/or and other
applicable provision providing for prejudgment interest;
For an award 0f reasonable attorneys’
5.
Employment and Housing
fees, costs,
California Fair
applicable statutes providing for attorneys’ fees and costs; and
6.
For such other
relief as the
Act, California
§ 12965,
January 27,
MATERN LAW GROUP, PC
By:
MATTHEW MATERN
JOSHUA D. BOXER
COREY B. BENNETT
CLARE E. MORAN
Attorneys for Plaintiff
J.
SHANEL DICKSON
MATERN LAW GROUP
1230 ROSECRANS
AVENUE, STE
MANHATTAN
BEACH, CA
all
W MW
Respectfully submitted,
1
and
may deem just and proper.
Court
DATED:
and expenses, pursuant to the
Government Code
PLAINTIFF hereby demands
a jury
with respect t
trial
all
issues triable
of right by jury.
DATED:
January 27,
W
Respectfully submitted,
MATERN LAW GROUP, PC
By:
MM—
MATTHEW MATERN
J.
JOSHUA D. BOXER
COREY B. BENNETT
CLARE E. MORAN
Attorneys for Plaintiff
SHANEL DICKSON
1
MATERN LAW GROUP
1230 ROSECRANS
AVENUE, STE
MANHATTAN
BEACH, CA
_
6-
COMPLAINT
PDF Page 1
PlainSite Cover Page
PDF Page 2
E-FILED
1/27/2022 10:58
MATERN LAW GROUP, PC
MATTHEW MATERN (SBN
Clerk of Court
MORAN
220V393878
AM
Superior Court of CA,
County of Santa Clara
159798)
JOSHUA D. BOXER (SBN 226712)
CLARE E.
(SBN 340539)
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, California 90266
Telephone: (3 1 0) 53 1- 1 900
Facsimile: (3 10) 53 1 - 1 901
J.
Reviewed By: M. Dominguez
Email: mmatem@maternlawgr0up.com
Email: iboxerébmatemlawgroupcom
Email: cmoran@maternlawgroup.com
MATERN LAW GROUP, PC
COREY B. BENNETT (SBN 267816)
10
1330 Broadway, Suite 428
Oakland, California 94612
Telephone: (510) 227-3998
Facsimile: (3 10) 53 1— 1 901
cbennett(a>matemlawgroup.com
11
Attorneys for Plaintiff
SHANEL DICKSON
12
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
FOR THE COUNTY OF SANTA CLARA
15
220V393878
16
SHANEL DICKSON,
17
CASE NO.:
an individual,
Plaintiff,
COMPLAINT FOR:
18
VS.
1
19
TESLA ENERGY OPERATIONS,
20
Delaware corporation; TESLA, INC., a
Delaware corporation; KENNY GRIFFIN, an
individual; and DOES 1 through 50, inclusive,
.
INC., a
2.
3-
21
Defendants.
22
Sexual and Racial Harassment in Violation
of Cal. Gov’t Code § 129400) (FEHA);
Gender and Race Discrimination in
Violation 0f Cal. Gov’t Code § 12940(a);
Failure t0 Take Steps Necessary t0 Prevent
Harassment, Discrimination, and/or
Retaliation in Violation of Cal. Gov’t Code
§
12940(k);
Retaliation in Violation of Cal. GOV’t
Code
§ 12940(h);
23
Intentional Infliction 0f Emotional
Distress;
24
Negligent Hiring, Supervision, and/or
Retention;
Constructive Discharge in Violation 0f
Public Policy.
25
26
27
DEMAND FOR JURY TRIAL
28
MATERN LAW GROUP
1230 ROSECRANS
AVENUE, STE 200
MANHATTAN
BEACH, CA 90266
-1-
COMPLAINT
PDF Page 3
NATURE OF THE ACTION
1
2
1.
Plaintiff
SHANEL DICKSON
brings this action against Defendants
TESLA ENERGY OPERATIONS, INC,
corporation doing business in the State of California
5
Delaware corporation doing business
6
(“GRIFFIN”), an individual; and
7
to
8
discrimination, retaliation, failure t0 prevent discrimination and harassment, intentional infliction of
9
emotional distress, constructive discharge in Violation 0f public policy, and other unlawful and
remedy
in the state
DOES
DEFENDANTS’ employment
PLAINTIFF
tortious conduct.
11
attorneys’ fees, and costs.
(“TESLA ENERGY”); TESLA,
of California (“TESLA”);
practices and policies 0f sexual
KENNY
INC., a
GRIFFIN
“DEFENDANTS”),
through 50, inclusive (collectively,
1
and
racial harassment,
seeks compensatory damages, punitive damages, injunctive
relief,
JURISDICTION AND VENUE
2.
This Court has jurisdiction in this matter because
0f the State 0f California
citizen
15
residents and citizens 0f, and/or regularly conduct business
16
federal question
17
3.
at issue,
is
Venue
is
at all
PLAINTIFF was
times relevant t0 this complaint, and
14
in,
a resident and a
DEFENDANTS
are
the State of California. Further, no
because the claims are based solely 0n California law.
proper in the County of Santa Clara, California because
DEFENDANTS
18
performed work for
19
actions and omissions, set forth herein, occurred in the
in the
County 0f Santa
Clara,
and
County of Santa
PLAINTIFF
DEFENDANTS’
unlawful
Clara.
PLAINTIFF
20
21
4.
PLAINTIFF
is
a female resident and citizen of the State
22
was employed by
DEFENDANTS
23
September 2020
September 2021.
to
in the
County of Santa
ofNeW York. PLAINTIFF
Clara, California
fiom
in 0r
around
DEFENDANTS
24
25
5.
26
and
27
Delaware.
28
ENERGY
On
at all relevant
information and belief,
PLAINTIFF
alleges that Defendant
TESLA ENERGY is
times was, a corporation organized and existing under the laws of the State 0f
PLAINTIFF
is
further informed
and believes, and thereon
alleges,
that
TESLA
conducts busmess 1n the State of Callfornla. Spemfically, upon 1nformat10n and behef,
1230
MANHATTAN
a Delaware
4
13
BEACH, CA 90266
demanding a jury
trial,
10
MATERN LAW GROUP
individual,
3
12
ROSECRANS
AVENUE, STE 200
(“PLAINTIFF”), an
_2_
COMPLAINT
PDF Page 4
1
TESLA ENERGY conducts business
2
where the unlawful conduct occurred.
3
On
6.
information and belief,
County 0f Santa
PLAINTIFF
alleges that Defendant
at all
PLAINTIFF
6
in the State
7
the
further informed
is
County of Santa
Clara,
TESLA ENERGY
11
Additionally,
12
DEFENDANTS
13
8.
14
unknown
15
fictitious names.
16
designated as a DOE
17
and legally caused the
18
0f the court
GRIFFIN
conducts business in
all
times relevant herein,
GRIFFIN was
and TESLA, and served as PLAINTIFF’S direct supervisor.
acted within the course and scope of his employment and/or as an agent 0f
true
names and
PLAINTIFF
t0
TESLA
conducts business
during the events described herein, unless alleged otherwise.
The
to
belief,
TESLA
informed and believes, and based thereon alleges, that Defendant
is
a male resident of the State 0f California. At
is
employed by
20
alleges, that
Where PLAINTIFF worked, and Where the unlawful conduct occurred.
PLAINTIFF
7.
GRIFFIN
and believes, and thereon
0f California. Specifically, upon information and
10
at this time,
PLAINTIFF
is
capacities 0f Defendant
is
1
through 50, inclusive, are
and PLAINTIFF therefore sues such Defendants under
informed and believes, and thereon alleges, that each Defendant
responsible in
injuries
DOES
some manner
for the events
and damages alleged
amend this Complaint
and happenings referred to herein,
in this Complaint.
names and
t0 allege their true
PLAINTIFF will
capacities
When
FACTUAL ALLEGATIONS
PLAINTIFF was employed by TESLA
9.
ENERGY
and
TESLA
a solar roofer from
approximately September 2020 to September 2021 in Santa Clara County, California.
22
performed her job competently
23
24
seek leave
ascertained.
21
While working
10.
at all
at
PLAINTIFF
times material t0 this complaint.
TESLA ENERGY
and
TESLA
between September 2020 and
September 2021, PLAINTIFF was directly supervised by GRIFFIN.
From approximately
25
11.
26
ENERGY
27
demeaning and
28
harassing conduct, perpetrated by
MATERN LAW GROUP
and
5
19
and
TESLA under the
explicit
July 2021 t0 September 2021, While working at
supervision of GRIFFIN,
comments,
racially harassing
PLAINTIFF was
TESLA
subjected to sexually
and discriminatory comments, and other
GRIFFIN and other TESLA ENERGY and TESLA managers and
1230
MANHATTAN
TESLA is
relevant times was, a corporation organized and existing under the laws 0f the State of Delaware.
9
BEACH, CA 90266
Where PLAINTIFF worked, and
Clara,
4
8
ROSECRANS
AVENUE, STE 200
in the
_3_
COMPLAINT
PDF Page 5
1
employees. Such actions, which were offensive and unwelcome and created a
2
intimidating
work environment,
4
“nigga. ”
5
inappropriate, sexual
6
word and otherwise
7
GRIFFIN
GRIFFIN
comments. PLAINTIFF
tried ignoring
TESLA
Another white
unknown), laughed
at
PLAINTIFF’S
PLAINTIFF
hair,
which was styled
11
PLAINTIFF’S manager, Frank Wu, was standing
12
PLAINTIFF
felt
Black,
other
called her the n-
him
to stop, but
to
in dreadlocks, in
directly across
from
(last
name
fiont of a group. Silva
PLAINTIFF’S
hair.
Silva, but said nothing.
humiliated.
DEFENDANTS
C.
PLAINTIFF was
also discriminated against
woman on
14
gender.
15
appropriate duties for the position, Whereas
the only
Wu. Soon
17
experienced to Mr.
18
improvement plan (“PIP”). The PIP
19
requirements, but
PLAINTIFF was only given
20
0n
21
opportunities.
the
stated in part that
On
issued
given
duty work.
she
a performance
not meeting performance
had denied PLAINTIFF proper training and work opportunities
September
13, 2021,
PLAINTIFF fiom
PLAINTIFF complained
TESLA’s Human Resources
seeking internal
about the discrimination,
department. Chenoa Chavez, an
23
harassment, and retaliatory PIP t0
24
Partner With
TESLA, met with PLAINTIFF
25
PLAINTIFF
that
26
crew where she worked with GRIFFIN. Instead of placing PLAINTIFF
27
position as a solar roofer, however,
28
required her t0 see
TESLA was
men were
PLAINTIFF
PLAINTIFF was
the basis of her gender. This PIP subsequently prevented
E.
light
the basis 0f her
discrimination and harassment
DEFENDANTS
thereafter,
DEFENDANTS
PLAINTIFF 0n
her solar roofing team. The
PLAINTIFF complained about
D.
22
opening an investigation into the matter, and removing her
TESLA
HR
regarding these concerns. Ms. Chavez then informed
fiom the
in another appropriate
assigned her t0 pick up trash—an assignment that still
GRIFFIN.
1230
MANHATTAN
GRIFFIN when he
take her hair wrap off so she could touch
then asked
MATERN LAW GROUP
is
and made
employee, operations manager Silva
10
16
BEACH, CA 90266
ass,”
‘Yat
referred t0 her in a derogatory manner, as well as asking
B.
13
ROSECRANS
AVENUE, STE 200
PLAINTIFF, who
White, fiequently called
continued.
8
9
is
PLAINTIFF “Sha-nay—nay,”
called
also
and
include, but are not limited to, the following:
GRIFFIN, who
A.
3
hostile, abusive,
_4_
COMPLAINT
PDF Page 6
PLAINTIFF was
F.
1
not interviewed by anyone as part of this investigation, nor
2
was she informed of any findings 0r
3
PLAINTIFF
4
remedy the discrimination and harassment
alleges that
failed t0 take
PLAINTIFF had
6
York,
7
transfer to another solar
8
being eligible t0 transfer. Because
9
was forced to
fell
ill.
t0 return t0
New York t0
DEFENDANTS
DEFENDANTS, PLAINTIFF has
13
anguish.
14
foregoing acts and omissions 0f DEFENDANTS.
Additionally,
13.
As
suffered,
PLAINTIFF
refused t0 allow
and will continue t0
t0 transfer, she
unlawfifl and malicious
suffer, great
acts
0f
mental and emotional
has been humiliated and embarrassed as a result 0f the
16
of DEFENDANTS, PLAINTIFF has suffered monetary damages
17
trial.
in
an amount subject t0 proof at
FIRST CAUSE OF ACTION
Violation 0f California Fair
Employment and Housing Act — Sexual and Racial Harassment
Gov’t Code § 12940(j)]
20
[Ca].
21
(Against
22
14.
PLAINTIFF
DEFENDANTS)
all
incorporates herein
by specific
reference, as though fully set forth, the
factual allegations in the foregoing paragraphs.
24
15.
At
all
relevant times herein, California
an unlawful employment
25
“[i]t is
26
0r,
27
State 0f California.
practice, unless
Government Code
§
12940
provided
that
based upon a bona fide occupational qualification,
except where based upon applicable security regulations established by the United States or the
t0 harass
..
(j)
[flor an employer
01'
any other person, because 0f
an employee.”
MATERN LAW GROUP
1230
MANHATTAN
PLAINTIFF
fiom
a further direct and proximate result of the foregoing unlawful and malicious acts
18
BEACH, CA 90266
New
care for her, so she applied for an internal
a direct and proximate result of the foregoing
12
28
lives in
quit.
As
12.
15
ROSECRANS
AVENUE, STE 200
PLAINTIFF’S mother, who
INJURIES TO PLAINTIFF
11
23
t0
that she experienced.
roofing position. The retaliatory PIP, however, prevented PLAINTIFF
10
19
information and belief,
immediate and appropriate corrective action
In or around late September 2021,
G.
5
TESLA
On
resulting corrective action.
_5_
COMPLAINT
.
..
race, sex, gender
PDF Page 7
As
16.
1
set forth
above,
Government Code
DEFENDANTS’
acts
PLAINTIFF
2
California
3
DEFENDANTS
4
Right t0 Sue
5
engaging in severe or pervasive conduct that created a hostile work environment on the basis 0f
6
PLAINTIFF’S
7
17.
§
129400).
a
complaint
against
With the California Department 0f Fair Employment and Housing and received a
letter
0n January
21, 2022.
DEFENDANTS
sexually harassed
PLAINTIFF by
sex.
TESLA ENERGY and TESLA knew,
0r should have known, 0f GRIFFIN’S conduct
9
against
GRIFFIN
18.
As
for his egregious conduct, thereby ratifying his actions.
a proximate result of DEFENDANTS’ unlawful acts, practices, and omissions,
11
PLAINTIFF
12
emotional distress, in an amount subject t0 proof
13
damages together with prejudgment
14
3288, and/or any other applicable provision providing for prejudgment
19.
has suffered monetary damages, humiliation, mental anguish, and physical and
By
engaging
in
the
at trial.
PLAINTIFF
claims such amount as
interest thereon pursuant t0 California Civil
aforementioned unlawful
acts,
Code §§ 3287,
interest.
practices,
and omissions,
PLAINTIFF. DEFENDANTS’ conduct was
16
DEFENDANTS
17
malicious, and despicable, and
18
and safety ofothers. Therefore, an award ofpunitive damages, sufficient
19
and t0 serve as an example to deter
20
made. PLAINTIFF claims such amount as damages
21
such amount as damages together with prejudgment interest thereon pursuant to California Civil
22
Code §§ 3287, 3288 and/or any other
23
20.
24
against
25
//
26
//
27
//
28
//
intended to cause injury to
Additionally,
was
carried
0n with a conscious and
DEFENDANTS fiom similar
t0
willful disregard
t0
conduct
be determined
reckless,
of the rights
punish DEFENDANTS
in the filture,
at trial.
should be
PLAINTIFF
claims
applicable provision providing for prejudgment interest.
PLAINTIFF
seeks an award 0f reasonable attorneys’ fees and costs
DEFENDANTS pursuant t0 the California Fair Employment and Housing Act.
MATERN LAW GROUP
1230
MANHATTAN
filed
and failed to properly investigate, reprimand, terminate, or take an appropriate disciplinary action
15
BEACH, CA 90266
timely
8
10
ROSECRANS
AVENUE, STE 200
and omissions constitute Violations of
_6_
COMPLAINT
PDF Page 8
SECOND CAUSE OF ACTION
1
Gender and Race Discrimination
2
in Violation 0f the Fair
Act
3
4
[Ca].
(Against
5
6
7
PLAINTIFF
21.
Gov’t Code § 12940(a)]
DEFENDANTS TESLA ENERGY and TESLA)
incorporates herein
by specific
At
22.
all
relevant times herein, California
an unlawful employment practice
9
“[i]t is
10
gender
11
conditions, or privileges of employment.”
12
.
.
.
0f any person
As
23.
set forth
.
.
.
.
.
.
Government Code
Government Code
TESLA ENERGY
provided
[,]
sex, [or]
person in compensation or in terms,
TESLA ENERGY
TESLA
Violations of
14
against Plaintiff in compensation, conditions, and privileges of employment,
15
because of her gender and race.
16
and was subjected
17
employment benefits and
18
reprimanded. This conduct was severe and pervasive and so altered working conditions as t0
19
it
20
have considered the work environment
more
difficult for
24.
section 12940.
because she was a Black woman.
privileges,
PLAINTIFF to do
PLAINTIFF
and
PLAINTIFF was an employee of TESLA
to discrimination
t0
be
hostile, just as
and thereon
PLAINTIFF
alleges, that her
basis
ENERGY
of and
TESLA
and
PLAINTIFF was
denied
make
23
Violation
24
as alleged herein.
25
25.
section 12940 and has resulted in
a direct and proximate result of TESLA
did.
gender and race were the
motivating factors in the wrongful employment actions and practices.
As
on the
A reasonable person in PLAINTIFF’S position would
22
ofGovernment Code
discriminated
denied work opportunities and assignments, and was
her job.
believes,
that
and TESLA’S acts and omissions constitute
Such discrimination
damage and
ENERGY
injury to
is
in
PLAINTIFF,
and TESLA’s unlawfifl
acts,
and omissions, PLAINTIFF has suffered monetary damages, humiliation, mental anguish,
26
practices,
27
and physical and emotional
28
amount
as
distress, in
an amount subject t0 proof at trial.
PLAINTIFF
damages together W1th prejudgment mterest thereon pursuant
MATERN LAW GROUP
1230
MANHATTAN
12940
[flor an employer, because of the race
t0 discriminate against the
above,
§
13
21
BEACH, CA 90266
reference, as though fully set forth, the
factual allegations in the foregoing paragraphs.
8
ROSECRANS
AVENUE, STE 200
Employment and Housing
_7_
COMPLAINT
to C1V11
claims such
Code
sectlons
PDF Page 9
1
3287, 3288, and/or any other applicable provision providing for prejudgment
2
26.
By engaging
in the
and omissions,
TESLA ENERGY and TESLA intended to cause injury
4
to
5
and was carried on with a conscious and willful disregard of the rights and safety 0f others.
6
engaging in the aforementioned unlawful
7
practices,
8
The individual and
9
corporation and personally engaged in the oppressive, fiaudulent, 0r malicious conduct, and
PLAINTIFF. TESLA
ENERGY and TESLA’S conduct was reckless,
and omissions,
DOE
acts, practices,
TESLA ENERGY
and
10
authorized or ratified that conduct. Therefore,
11
sufficient to punish
12
future, in
13
t0 Civil
14
interest.
27.
against
DEFENDANTS
and
an amount according to proof at
Code
malicious, and despicable,
and omissions, and by ratifying such
TESLA
intended to cause injury to
By
acts,
PLAINTIFF.
defendants were officers, directors, or managing agents of the defendant
PLAINTIFF
to serve as
trial,
seeks an award 0f punitive damages,
an example to deter similar conduct in the
together With prejudgment interest thereon pursuant
sections 3287, 3288, and/or any other applicable provision providing for prejudgment
Additionally,
PLAINTIFF
seeks an award 0f reasonable attorneys” fees and costs
DEFENDANTS pursuant to the California Fair Employment and Housing Act.
17
THIRD CAUSE OF ACTION
18
Failure to Take Steps Necessary to Prevent Harassment, Discrimination, and/or Retaliation
19
[Ca].
20
(Against
21
22
28.
PLAINTIFF
Gov’t Code § 12940(k)]
DEFENDANTS TESLA ENERGY and TESLA)
incorporates herein
by specific
29.
At
all
relevant times, California
Government Code
24
unlawful employment practice
25
necessary t0 prevent discrimination and harassment
26
30.
As
set forth
27
Violations of the California
28
t0
MATERN LAW GROUP
reference, as though fully set forth, the
factual allegations in the foregoing paragraphs.
23
.
.
above,
.
(k)
[flor an employer
TESLA ENERGY
Government Code
prevent harassment, and retallatlon.
§
.
.
.
§
12940 provided
that “[i]t
is
an
t0 fail t0 take all reasonable steps
fiom occurring.”
and TESLA’S acts and omissions constitute
12940(k), in that they failed to take necessary steps
PLAINTIFF filed
1230
MANHATTAN
and omissions, and by
ratifying such acts, practices,
16
BEACH, CA 90266
acts, practices,
3
15
ROSECRANS
AVENUE, STE 200
aforementioned unlawful
interest.
_8_
COMPLAINT
a complalnt W1th the Callfornla
PDF Page 10
1
Department ofFair Employment and Housing, and received a right to sue
2
TESLA ENERGY
3
harassment and retaliation
By
and
TESLA
TESLA ENERGY
5
omissions,
6
and emotional
7
damages together With pre-judgment
8
3288 and any other applicable provision providing
32.
reason of
and TESLA’S unlawfill
distress, in
an amount subject
t0
proof at
PLAINTIFF
trial.
and
claims such amount as
interest thereon pursuant to California Civil
for
prejudgment
Code §§ 3287,
interest.
TESLA ENERGY and TESLA knew, or should have known,
of GRIFFIN’S conduct
and failed t0 properly investigate, reprimand, terminate, 0r take appropriate disciplinary action
11
against
GRIFFIN
12
TESLA
engaged
13
by
14
conduct, acted with willful and conscious disregard 0f PLAINTIFF’s rights, welfare and safety, and
15
caused great physical and emotional harm to PLAINTIFF.
16
damages, sufficient to punish
17
them from
18
damages
19
judgment
20
provision providing for prejudgment interest.
for his egregious conduct, thereby ratifying his actions.
in the
ratifying such acts,
aforementioned unlaWfiJI
engaged
in intentional, reckless
TESLA ENERGY
to be determined at
trial.
PLAINTIFF
33.
PLAINTIFF will also
and
TESLA
TESLA ENERGY
and
and omissions alleged herein, and
willful, oppressive
and malicious
Therefore, an award of punitive
and
t0 serve as
PLAINTIFF
an example t0 deter
claims such amount as
claims such amount as damages together with pre-
Code §§ 3287, 3288 and any other
applicable
seek the costs and expenses 0fthis action, including reasonable
attorneys’ fees pursuant t0 the California Fair
23
policy.
Employment and Housing Act and
California public
FOURTH CAUSE OF ACTION
Retaliation [Ca]. Gov’t
26
28
and
interest thereon pursuant to California Civil
22
27
acts, practices
similar conduct in the future, should be made.
25
(Against
34.
PLAINTIFF
allegatlons 1n the
Code
§ 12490(h)]
DEFENDANTS TESLA ENERGY and TESLA)
incorporates
by specific
reference, as though fully set forth, the factual
foregomg paragraphs.
MATERN LAW GROUP
1230
MANHATTAN
practices
has suffered monetary damages, humiliation, mental anguish, and physical
24
BEACH, CA 90266
acts,
10
21
ROSECRANS
AVENUE, STE 200
such
fiom occurring.
31.
9
on January 21, 2022.
failed to take all reasonable steps necessary to prevent
4
PLAINTIFF
letter
_9_
COMPLAINT
PDF Page 11
At
35.
1
all
relevant times, California
Government Code
is
an
3
discriminate against any person because the person has opposed any practices forbidden under this
4
part 0r because the person has filed a complaint, testified, or assisted in
5
part.”
As
36.
set forth
.
.
above,
.
(h)
[flor any employer
TESLA ENERGY
of the California Government Code
7
Violations
8
PLAINTIFF
9
toward her and
to intolerable
§
.
.
.
to discharge, expel, or otherwise
any proceeding under
this
and TESLA’S acts and omissions constitute
12940(h),
in that
it
continued t0 subject
working conditions following her complaints about GRIFFIN’s conduct
TESLA ENERGY and TESLA failed
failed t0 investigate her complaints about him.
such harassment
10
t0 take all reasonable steps necessary to prevent
11
a complaint with the California Department of Fair
12
t0 sue letter
fiom occurring. PLAINTIFF filed
Employment and Housing, and received
a right
0n January 21, 2022.
37.
By reason of DEFENDANTS’
unlawful
acts, practices
and omissions, PLAINTIFF
14
has suffered monetary damages, humiliation, mental anguish, and physical and emotional distress,
15
in
16
pre-judgment interest thereon pursuant to California Civil Code §§ 3287, 3288 and any other
17
applicable provision providing for prejudgment interest.
an amount subject
18
38.
t0
proof at
DEFENDANTS
trial.
PLAINTIFF
engaged
in
the
claims such amount as damages together with
aforementioned unlawful
acts,
practices
and
19
omissions alleged herein, and by ratifying such acts, engaged in intentional, reckless and willful,
20
oppressive and malicious conduct, acted with willful and conscious disregard of
21
rights, welfare
22
an award of punitive damages, sufficient t0 punish
23
deter
24
damages
25
judgment
26
provision providing for prejudgment interest.
27
28
and
them from
safety,
DEFENDANTS
similar conduct in the filture, should be made.
to be determined at
trial.
PLAINTIFF
PLAINTIFF
Will also
and
t0 serve as
PLAINTIFF
an example t0
claims such amount as
claims such amount as damages together with pre-
interest thereon pursuant to California Civil
39.
PLAINTIFF’s
and caused great physical and emotional harm to PLAINTIFF. Therefore,
Code §§ 3287, 3288 and any other
applicable
seek the costs and expenses 0f this action, including
reasonable attorneys’ fees pursuant t0 the Cahforma Falr
MATERN LAW GROUP
1230
BEACH, CA 90266
that “[i]t
unlawful employment practice
13
MANHATTAN
12940 provided
2
6
ROSECRANS
AVENUE, STE 200
§
_1
0_
COMPLAINT
Employment and Housmg Act and
PDF Page 12
1
California public policy.
2
FIFTH CAUSE OF ACTION
3
Intentional Infliction of Emotional Distress
4
(Against All
6
incorporates herein
by specific
During
41.
8
TESLA and was
9
TESLA ENERGY
all
GRIFFIN was employed by TESLA
relevant times,
and
TESLA are
liable for
GRIFFIN’S conduct.
knew, 0r should have known, 0f GRIFFIN’S conduct and
11
terminate, or take an appropriate disciplinary action against
12
thereby ratifying his actions.
GRIFFIN’S conduct,
42.
exceed
as set forth above,
bounds of decency. Further,
15
reasonable person as intolerable in a civilized community.
17
18
all
By engaging
43.
likely result in
harm due
On
44.
mental
to cause
20
probability that
and TESLA, such that
GRIFFIN
in that
it
was
so extreme as
conduct would be regarded by any
GRIFFIN knew that his conduct would
PLAINTIFF
distress or, at
alleges that
GRIFFIN
minimum, acted with
acted With the intent
reckless disregard of the
suffer emotional distress.
committing the outrageous and malicious acts and omissions alleged herein,
DEFENDANTS
23
severe emotional distress.
24
the intent 0f inflicting humiliation, mental anguish, and severe emotional distress
knew, or should have known,
Moreover,
that such conduct
DEFENDANTS’
a direct and proximate result 0f
25
46.
26
omissions,
27
PLAINTIFF
28
t0 California Civil
MATERN LAW GROUP
TESLA
for his egregious conduct,
22
As
and
distress.
PLAINTIFF would
By
45.
aforementioned conduct,
information and belief,
PLAINTIFF emotional
19
21
t0
in the
and
failed to properly investigate, reprimand,
DEFENDANTS’
to
ENERGY
TESLA ENERGY
was outrageous
14
16
PLAINTIFF has
acts
would
result in
PLAINTIFF’S
and omissions were perpetrated with
DEFENDANTS’
suffered severe emotional distress, in an
unlawful
upon PLAINTIFF.
acts, practices,
and
amount subject t0 proof at trial.
claims such amount as damages together With prejudgment interest thereon pursuant
Code §§ 3287, 3288, and/or any
1230
MANHATTAN
TESLA ENERGY
acting in his capacity as a supervisor at
10
13
BEACH, CA 90266
reference, as though fully set forth, the
factual allegations in the foregoing paragraphs.
7
ROSECRANS
AVENUE, STE 200
PLAINTIFF
40.
5
DEFENDANTS)
_1 1_
COMPLAINT
other applicable provision providing for
PDF Page 13
1
prejudgment
2
interest.
DEFENDANTS
47.
in the
aforementioned unlawful
and omissions. In doing
in intentional, reckless, willful, oppressive,
5
disregard of PLAINTIFF’S rights, welfare, and safety, and caused great physical and/or emotional
6
harm
7
DEFENDANTS
8
PLAINTIFF
to
PLAINTIFF.
and
acts, practices,
to deter
and malicious conduct, acted With willful and conscious
an award
Therefore,
so,
0f punitive
fiom
them and others
damages,
claims such amount as damages t0 be determined
10
Negligent Hiring, Supervision, and/or Retention
As
49.
Which
16
appropriate.
DEFENDANTS TESLA ENERGY and TESLA)
incorporates herein
by specific
reference, as though fully set forth, the
alleged above,
GRIFFIN was incompetent
and/or unfit to perform the
PLAINTIFF
50.
TESLA
is
informed and believes, and thereon alleges, that
0f reasonable diligence, should have known
18
Who committed
19
he was hired, and that an undue risk t0 persons such as
20
employment.
21
described above in conscious disregard for the rights and well-being 0f others,
22
PLAINTIFF.
knew, or
in the exercise
the harassing conduct,
TESLA ENERGY
TESLA ENERGY
51.
and
and
was incompetent and unfit
TESLA
TESLA
had a duty
25
PLAINTIFF
26
consented to such outrageous and dangerous conduct.
52.
GRIFFIN was
form 0fthe harassment and
TESLA ENERGY
GRIFFIN,
perform the duties for which
exist because
t0 use reasonable care
it
0f
his
_1
2_
COMPLAINT
to properly
PLAINTIFF
in
n0 manner
in hiring, supervising, and/or retaining
PLAINTIFF’S harm.
1230
and
including
breached, thereby causing injury t0
retaliation alleged above.
and TESLA’s negligence
a substantial factor in causing
that
retained the employees responsible for the acts
supervise their managers, employees, and agents, which
in the
t0
PLAINTIFF would
24
28
for
TESLA ENERGY
and
27
work
TESLA ENERGY and TESLA hired him.
17
23
punish
factual allegations in the foregoing paragraphs.
14
15
PLAINTIFF
48.
is
t0
at trial.
SIXTH CAUSE OF ACTION
(Against
sufficient
similar conduct in the filture,
9
MATERN LAW GROUP
engaged
4
13
BEACH, CA 90266
DEFENDANTS
and
omissions and/or ratified such
12
MANHATTAN
practices,
acts,
3
11
ROSECRANS
AVENUE, STE 200
engaged
PDF Page 14
53.
1
As
3
and physical and emotional
4
amounts as damages together With prejudgment
5
§§ 3287, 3288 and/or any other applicable provision providing for prejudgment interest.
54.
By
distress in
an amount subject to proof at
condoning and ratifying such acts by
8
perpetrators 0f these practices and omissions,
9
injury t0
PLAINTIFF.
TESLA ENERGY
11
willful disregard
of the
12
punitive damages, sufficient to punish
13
to deter
14
together with prejudgment interest thereon pursuant to California Civil
15
any other applicable provision providing
fiom
TESLA
and safety 0f
others. Therefore,
TESLA ENERGY
similar conduct in the filture.
for
and
TESLA
PLAINTIFF
prejudgment
PLAINTIFF
intended to cause
seeks an award 0f
and t0 serve as an example
claims such amounts as damages
Code §§ 3287, 3288, and/or
interest.
SEVENTH CAUSE OF ACTION
17
Constructive Discharge in Violation of Public Policy
DEFENDANTS TESLA ENERGY and TESLA)
(Against
PLAINTIFF
and by
and despicable, and was carried out With a conscious and
16
55.
Code
and TESLA’S intentional and injurious conduct toward
reckless, malicious,
20
incorporates herein
by specific
reference, as though fully set forth, the
allegations in the foregoing paragraphs.
21
56.
At
all
times relevant in this action, Article
1,
Section 8 of the California Constitution
22
and the California Fair Employment and Housing Act was
23
0n
24
Housing Act, and the public policy of the State 0f California based thereupon prohibit
25
DEFENDANTS fiom discriminating
26
from
27
failing to take all reasonable steps necessary t0 prevent discrimination
28
occurrlng.
DEFENDANTS.
Article
retaliating against
I,
in filll force
and
effect,
Section 8 0f the Constitution, the California Fair
against or harassing an
and was binding
Employment and
employee because 0f race 0r gender,
an employee because she protests harassment 0r discrimination, and
MATERN LAW GROUP
1230
BEACH, CA 90266
and
PLAINTIFF was
them
claims such
and adequately discipline the
10
rights
PLAINTIFF
acts, practices, omissions,
failing to properly investigate
TESLA ENERGY
trial.
interest thereon pursuant to California Civil
engaging in the aforementioned unlawful
7
19
acts,
and omissions, PLAINTIFF has suffered monetary damages, humiliation, mental anguish,
practices,
18
MANHATTAN
and TESLA’s unlawfifl
2
6
ROSECRANS
AVENUE, STE 200
ENERGY
a direct and proximate result of TESLA
_1
3_
COMPLAINT
fiom
and harassment from
PDF Page 15
1
2
3
Each 0f the aforementioned
57.
PLAINTIFF
58.
believes,
5
constructive
6
DEFENDANTS
7
discharging
8
practices prohibited under the Fair
9
subject t0 working conditions
discharge
retaliated against
As
by
PLAINTIFF,
DEFENDANTS
BEACH, CA 90266
by constructively
unlawful employment
Act. Accordingly,
PLAINTIFF was
13
damages together with prejudgment
14
any other applicable provision providing
has suffered monetary damages, humiliation, mental anguish, and physical and
By engaging
60.
such
in the
interest thereon pursuant to Civil
for
prejudgment
and omissions,
17
PLAINTIFF. DEFENDANTS’ conduct was
18
0n With a conscious and willful disregard 0fthe
19
seeks an award ofpunitive damages, sufficient t0 punish
20
to deter similar
21
prejudgment
22
provision providing for prejudgment interest.
practices,
reckless, malicious,
rights
Code §§ 3287, 3288 and/or
acts, practices,
DEFENDANTS
ratifying
claims such amount as
interest.
aforementioned unlawful
16
acts,
PLAINTIFF
at trial.
intended t0
cause injury t0
and despicable, and was carried
DEFENDANTS and t0 serve as an example
conduct in the future, in an amount according t0 proof
interest thereon pursuant t0 Civil
and omissions, and by
and safety of others. Therefore, PLAINTIFF
at trial, together
Code §§ 3287, 3288, and/or any
with
other applicable
PRAYER FOR RELIEF
24
WHEREFORE, PLAINTIFF prays
25
1.
DEFENDANTS
For compensatory damages 0n PLAINTIFF’S economic
rights, humiliation, physical anguish,
2.
for judgment against
For injunctive
employees and successors, and
relief
all
and mental and emotional
permanently enjoining
_
14_
COMPLAINT
as follows:
losses, deprivation
of civil
distress;
DEFENDANTS
and
persons 1n actlve conduct or partlclpatlon w1th
1230
MANHATTAN
that
a proximate result 0f DEFENDANTS’ unlawful acts, practices, and omissions,
emotional distress, in an amount subject to proof
28
alleges
that violated public policy.
12
MATERN LAW GROUP
DEFENDANTS’
Employment and Housing
PLAINTIFF
27
further
including, but not limited to,
11
26
and gender were substantial
PLAINTIFF
employment.
because she opposed
23
ROSECRANS
AVENUE, STE 200
alleges, that her race
conduct, as set forth above, including but not limited t0 the
of PLAINTIFF’s
her employment,
59.
and thereon
DEFENDANTS’
motivating factors in
15
embodies a fundamental and well-established
public policy in the State of California.
4
10
statutes
their
agents,
DEFENDANTS
PDF Page 16
1
in discriminatory
3.
3
permitted by law;
4
4.
6
and harassing practices;
For an award 0f punitive and exemplary damages on each cause of action as
2
5
For
interest
accrued to date pursuant to Civil Code §§ 3287, 3288, and/or and other
applicable provision providing for prejudgment interest;
For an award 0f reasonable attorneys’
5.
Employment and Housing
fees, costs,
California Fair
8
applicable statutes providing for attorneys’ fees and costs; and
6.
For such other
relief as the
Act, California
§ 12965,
January 27, 2022
MATERN LAW GROUP, PC
12
3
By:
14
MATTHEW MATERN
15
JOSHUA D. BOXER
COREY B. BENNETT
CLARE E. MORAN
16
Attorneys for Plaintiff
J.
SHANEL DICKSON
1
7
1
8
1
9
20
21
22
23
24
25
26
27
28
MATERN LAW GROUP
1230 ROSECRANS
AVENUE, STE 200
MANHATTAN
BEACH, CA 90266
all
W MW
Respectfully submitted,
1 1
1
and
may deem just and proper.
Court
0
DATED:
and expenses, pursuant to the
Government Code
7
9
1
fiom engaging
_1
5_
COMPLAINT
other
PDF Page 17
DEMAND FOR JURY TRIAL
1
2
PLAINTIFF hereby demands
a jury
with respect t0
trial
all
issues triable
of right by jury.
3
4
DATED:
January 27, 2022
W
Respectfully submitted,
MATERN LAW GROUP, PC
5
6
7
By:
MM—
MATTHEW MATERN
J.
8
9
JOSHUA D. BOXER
COREY B. BENNETT
CLARE E. MORAN
Attorneys for Plaintiff
10
SHANEL DICKSON
1 1
12
1
3
14
1
5
1
6
1
7
1
8
1
9
20
21
22
23
24
25
26
27
28
MATERN LAW GROUP
1230 ROSECRANS
AVENUE, STE 200
MANHATTAN
BEACH, CA 90266
_1
6-
COMPLAINT