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Tesla factory worker sues company over alleged race and sexual harassment

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A new lawsuit filed by a former Tesla employee alleges that the company did not take action after what they claim was overwhelming evidence of a hostile workplace at the company’s Fremont, California factory.

Dewitt Lambert is being represented by the California Civil Rights Law Group who filed the suit this week which details charges including Race Harassment, Race Discrimination, Sexual Harassment, Retaliation, Failure to Prevent Harassment, Discrimination and Retaliation, Threats of Violence in Violation of the Ralph Act, Violation of the Bane Act, Failure to Accommodate, Failure to Engage in the Interactive Process, and Assault and Battery.

The suit and accompanying cellphone video which was taken in 2015, during the timeframe of the alleged harassment, show a tirade of racial slurs and strong language taking place inside a partially assembled Tesla Model S in the Fremont factory.

“The complaint alleges that Tesla failed, under California law, to take immediate and appropriate corrective action on Mr. Lambert’s behalf,” said Organ. “Because of this inaction my client is claiming psychological harm and medical problems. Tesla is liable for Mr. Lambert’s damages because it failed to adequately investigate and prevent damaging abuse from taking place in the workplace.”

The California Civil Rights Law Group sent Teslarati the video above and accompanying press release that includes a 10-month of the alleged discrimination, complaints and promotions of offending employees. It is not clear if the promotions are related to the allegations but it could certainly be seen as a motivating factor for the suit. It seems to indicate that Lambert was not able to get promoted while being subjected to the alleged workplace abuse while his supervisors were rewarded in light of the behavior.

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A representative from Tesla provides Teslarati with the following statement in response to Lambert’s suit.

We believe strongly in having a good working environment and that people should look forward to coming to work every day. That means Tesla must always aspire to be transparent, respectful, fair and just. When we hear complaints or concerns raised by our employees, we take them very seriously.  

A video recently came to light showing behavior by a group of employees at our factory acting in a way that we found disappointing and contrary to our values. It appears that a lawsuit is now being filed against Tesla in connection with this video. In the interest of transparency, we want to share what we know: 

  • Based on interviews we have done, in April 2016, an employee named Dewitt Lambert got into an argument with a coworker and threatened him with violence. Dewitt, this coworker, and other employees had been part of a group of friends who worked together at the factory and also socialized together outside of work. The other employee filmed Dewitt making the threat and Dewitt mistakenly believed that some of these other employees had provided the video to HR in order to get him in trouble. (In actuality, the video wasn’t provided to HR). 
  • Later that day, in an apparent attempt to turn the tables on the complaint that he thought had been made against him, Dewitt filed a complaint with HR about these other employees, claiming it was they who had mistreated him, including by using racially insensitive language.
  • HR personnel investigated, interviewing all of the employees who were reportedly involved. That investigation turned up conflicting accounts of what happened, with other employees saying that Dewitt had the “dirtiest mouth” they had “ever heard,” including using the same racially insensitive language that he had complained about. In the end, there was no objective evidence that anything inappropriate occurred toward Dewitt. As a result, our HR team coached this group of employees on the importance of behaving professionally and the investigation was closed.
  • Dewitt thereafter was transferred to another work area where he would have no further contact with those he complained about. There are no records of him complaining about new events for about a year after this. It seems that the transfer had its intended effect. 
  • On July 6, 2016, during an unrelated conversation with HR in which Dewitt was receiving a final written warning for posting proprietary photos of Tesla equipment on social media against company policy, Dewitt showed HR an old video (taken in late 2015) containing the kind of language that he had previously complained about. This was the first time any video was mentioned or shown. The investigation was reopened. 
  • The HR representative who had led the prior investigation left the company two days later on July 8, 2016 and didn’t hand off the investigation to anyone else. 
  • Although Dewitt continued to have regular interaction with HR on a host of topics, for which he thanked them for their support, we have no evidence indicating that he came to HR with any further complaints of this nature. Then, through an attorney, Dewitt submitted a letter six months later demanding a very large payment or he would file a lawsuit. 
  • Once again, we looked into his claims and found that the co-workers Dewitt complained about described the situation very differently. They claimed once again they had all been friends and socialized outside of work, and that all of them (including Dewitt) used similar insensitive language with each other on a regular, ongoing basis, including in social contexts outside of the workplace.
  • Confirming this, one of the employees Dewitt accused shared personal instant messages (attached) which showed Dewitt using the same language when describing other colleagues involved in the argument from April 2016. One of those messages indicated why he apparently decided to make these accusations – he was upset because of his belief that these colleagues had turned a video into HR showing Dewitt threatening one of them. The employee stated this was what led Dewitt to conjure up false claims about these other individuals. 
  • Dewitt alleges that he was not promoted as retaliation for having made complaints. This is false. Dewitt was promoted 12 months ago, and the reason he wasn’t given a second promotion within 12 months is that, among other things, he had been given a final written warning for posting pictures of confidential Tesla technology on Facebook in clear violation of company policy.

That brings us to today. We have been told by Dewitt’s attorney that they will be following up on their previous demand for a large payment by filing a lawsuit. The lawsuit has been timed to coincide with a carefully planned media blitz in an attempt to create a disingenuous narrative that is at odds with the facts. 

It’s clear that our investigation should have continued uninterrupted until all the facts were known. We have terminated several employees based on what we’ve learned and have suspended Dewitt with pay so that we can finish investigating the circumstances of the instant messages that were just provided to us about his threats of violence against coworkers. We will continue to take action as necessary, including parting ways with anyone whose behavior prevents Tesla from being a great place to work. However, it’s also clear that Dewitt’s version of events is not supported by the facts. It would never be right to take action based on an accusation alone — there must be objective evidence or credible witnesses to ensure that an innocent person is not treated unfairly.

It is night and day to work at a company with strong purpose and great team spirit, where people look forward to coming to work. Monday either feels like jail or joy, and the people you work with make all the difference in the world.

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The full lawsuit can be seen here:

https://www.teslarati.com/wp-content/uploads/2017/03/Tesla-Complaint-Filed-2017.03.27.pdf

I'm passionate about clean technology, sustainability and life. I've worked in manufacturing, IT, project management and environmental...and enjoy unpacking complex topics in layman's terms. TSLA investor. Find more of my words on my website or follow me on Twitter for all the latest. Tesla Referral link: http://ts.la/kyle623

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Tesla analyst says this common earnings narrative is losing importance

“Numbers are going down next year, but that’s ok because it’s all about autonomy.”

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(Credit: Tesla)

A Tesla (NASDAQ: TSLA) analyst is doubling down on the idea that one common earnings narrative is losing importance as the company continues to work toward new technologies and projects.

This week, Tesla will report earnings for the third quarter, and one thing people always pay attention to is deliveries. Although Tesla reveals its deliveries for the quarter well before it reports earnings, many investors will look for commentary regarding the company’s strategy for responding to the loss of the $7,500 tax credit.

Tesla has made a few moves already, including a lease deal that takes a substantial amount of money off, launching new Standard models, and cutting up to 23 percent off of lease pricing.

Tesla makes crazy move to spur short-term demand in the U.S.

However, analysts are looking at the company in a different light.

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Aligning with the narrative that Tesla is not just a car company and has many different projects, Gene Munster of Deepwater Asset Management believes many investors need to look at another part of the business.

Munster said the delivery figures for Q3, which landed at 497,099, the highest in company history, were padded by customers rushing to showrooms to take advantage of the expiring tax credit.

He believes that deliveries will be more realistic in subsequent quarters, but investors should not worry because the focus on Tesla is not going to be on how many cars it hands over to customers:

“Numbers are going down next year, but that’s ok because it’s all about autonomy.”

Tesla has been working nonstop to roll out a dedicated Robotaxi platform in various cities across the United States, and has already launched in two states: Texas and California.

It has also received regulatory approvals to test driverless Robotaxis in Arizona and Nevada, while seeking permissions in Florida and other states, according to the company’s online job postings.

Munster continued:

“Most people are hyper-focused on the Robotaxi opportunity and not focused as much on FSD.”

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While Robotaxi is incredibly important, Tesla’s Full Self-Driving (Supervised) suite is also extremely crucial moving forward, as it sets the stage for the company to roll out a formidable self-driving service.

Tesla rolled out its newest FSD software to more owners last night, and as it expands, the company is gaining valuable data to refine its performance.

Earnings will be reported tomorrow at market close.

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Tesla rolled out a new feature with FSD v14 to fix a major complaint

One of the most crucial cameras for FSD operation is located at the top of the windshield, and some owners have complained about condensation or other debris accumulating here, which impacts FSD’s availability during drives.

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Credit: The Kilowatts | X

Tesla rolled out a new feature with Full Self-Driving (Supervised) v14.1.3 in an effort to fix a major complaint from owners.

Tesla’s approach to self-driving is significantly different than other companies as it only relies on cameras for operation. Tesla Vision was launched several years ago and completely axed any reliance the suite had on sensors, as CEO Elon Musk’s strategy was unorthodox and went against the grain.

However, it has proven to be effective, as Tesla still operates the most refined semi-autonomous driving suite in the United States.

There are some drawbacks, though, and one of them has to do with the obvious: cameras get dirty and need to be cleaned somewhat regularly.

One of the most crucial cameras for FSD operation is located at the top of the windshield, and some owners have complained about condensation or other debris accumulating here, which impacts FSD’s availability during drives:

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Tesla has been working to confront this issue, and in classic fashion, it used a software update to work on resolving it.

With the rollout of Full Self-Driving v14.1.3 and Software Version 2025.32.8.15, Tesla added a new feature that aims to clean the front camera efficiently without relying on the owner to do it manually.

Tesla Full Self-Driving’s new version officially gets a wider rollout

In its release notes for the suite, it said:

“Added automatic narrow field washing to provide rapid and efficient front camera self-cleaning, and optimize aerodynamics wash at higher vehicle speed.”

If the camera starts to have some issues with visibility, the car will automatically clean the front windshield camera to avoid any issues:

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This new addition is a small but mighty change considering all things. It is a necessary process to keep things operational and avoid any disruptions in FSD performance. It is also a testament to how much better Tesla vehicles can get with a simple software update.

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Tesla Full Self-Driving’s new version officially gets a wider rollout

So far, v14 has introduced a handful of new features and improvements, but the first versions needed refinement before Tesla made an effort to expand the population. It had issues with a brake stutter, but this has been mostly resolved.

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Credit: Tesla Europe and Middle East | X

Tesla’s newest Full Self-Driving version is officially rolling out wider to customers outside of the Early Access Program (EAP), in preparation for a total launch of the new v14 suite.

Over the past several weeks, Tesla has been working to refine its new v14 Full Self-Driving (Supervised) in an effort to have it ready for the entire fleet of vehicles in the United States. We are lucky enough to be in the EAP, so we’ve been able to test new features and rollouts first-hand.

So far, v14 has introduced a handful of new features and improvements, but the first versions needed refinement before Tesla made an effort to expand the population. It had issues with a brake stutter, but this has been mostly resolved.

Additionally, the rollout of the new Mad Max Speed Profile has gathered some attention.

Now that Tesla has started rolling out v14.1.3 yesterday to EAP members, the company ultimately decided that it was time to expand the software to more vehicles, as many owners are reporting that they’re receiving it:

Additionally, the suite has started to expand to Model S and Model X vehicles, so this rollout is not exclusive to Model 3 and Model Y:

The only issue with this rollout is that it still appears to be missing the Cybertruck, which Tesla was transparent about earlier this month. Although the company planned to release v14 to Cybertrucks by the end of the month, there has been no hint that this is going to happen.

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This is already the third iteration of v14 in the past two weeks, indicating that Tesla is truly addressing the shortcomings of past versions and rolling out updates as quickly as possible.

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