Law360: 4 Takeaways As Tesla, Black Worker Battle Over Damages

The retrial of a case in which former Tesla subcontractor Owen Diaz sued the company for race discrimination is currently ongoing after he declined to accept a court’s decision that reduced the damages award to US$15 million. Diaz, who originally sought US$137 million, brought the suit more than five years ago over claims that he and other Black workers experienced racial abuse from peers and employees in higher-up positions. The first trial verdict “highlights the need to train all of your employees on harassment and discrimination laws,” said O’Melveny partner Eric Amdursky, who is also co-chair of the firm’s Labor and Employment Practice. “From the lowest-level supervisor on up, people need to understand the obligation not to engage in discrimination or harassment, and to emphasize that it can have serious ramifications for a workforce.”

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