Tesla disclosed in Monday’s filing that the EEOC had an “open investigation” into the company before DFEH filed its complaint.
“DFEH ignored its statutory obligations and rushed to file suit against Tesla, perhaps for a quick publicity grab, perhaps out of fear that the EEOC would be the first to settle with Tesla,” Tesla’s lawyers said in the filing.
EEOC spokesperson Victor Chen declined to comment on whether an investigation of Tesla is active.
“Under federal law, possible charges (complaints) made to the EEOC are strictly confidential, and we are prohibited from releasing any information, or confirming or denying their existence,” Chen said in a statement. “These confidentiality rules apply even if information becomes public through another source.”
Tesla also said the California agency quoted heavily in its lawsuit from administrative complaints filed in recent months by a private attorney, Bryan Schwartz, alleging race discrimination on behalf of former Tesla employees. But DFEH didn’t even show these complaints to Tesla until after the agency filed its February suit, according to the company.
Schwartz said Tesla’s attempt to halt the DFEH case is more of the same “scorched earth litigation technique” the company resorts to when it’s accused of wrongdoing.
“They haven’t really changed their approach, which is blame the lawyers, blame the plaintiffs, but don’t do anything about the egregious racism at their plant,” he said.