Diaz was indemnified for $ 136.9 million after the jury decided in his favor. But the following month, Tesla filed a request for a new trial. However, before deciding whether to allow the new trial to continue, Judge William Orrick of the U.S. District Court stated in court documents that the original damages were “excessive” after the examination. Gave Diaz the option to accept reduced damages of $ 15 million. The length of time Diaz was employed in the factory and “lack of physical illness or injury”.
Diaz worked as a Tesla contractor for nine months. He has been working as a bus driver in Auckland since he left his company.
On Tuesday, Diaz’s lawyer submitted a formal response to the judge’s offer, rejecting $ 15 million. The application is widely expected to bring about a new hearing.
“The seventh amendment to the U.S. Constitution requires that the facts that the jury has tried will not be revisited in any U.S. court,” Diaz’s lawyer Lawrence Organ said in a statement Wednesday. Said. “But our judicial system supports the demands of corporate defendants to review jury trials in civil rights proceedings, which is a systematic bias that underestimates African-Americans suffering at work. Is part of. “
The damages given by the jury included $ 6.9 million in compensatory damages and $ 130 million in punitive damages. According to the organ, the case was decided by eight San Francisco juries, including one black jury.
“In denying excessive court cuts by seeking a new trial, Diaz once again praised his fellow jury for what Tesla had done to him, and directed him a racist slur. I’m just asking you to provide compensation for the torrents, “said the organ.
“In addition, Diaz aims to regain fair and punitive damages that punish and deter Tesla for the racist acts that Diaz has suffered and prevent future harassment. “
CNN contacted Tesla for comment, but did not respond.
“We realize it wasn’t perfect in 2015 and 2016, it’s not perfect yet,” wrote Valerie Capers Workman, then vice president of Tesla, in a blog post.
“But we’ve come a long way since five years ago. We continue to grow and improve how we deal with employee concerns.”
A black craftsman wrote that Diaz had no witnesses called n-words. She testified that witnesses “listened regularly to racist slurs (including n-words) on the floors of Freemont’s factories,” but “most of the time the language was” friendly. ” “I thought it was being used in a way,” he said. By an African-American colleague. “
The craftsman said Diaz had all three complaints about the harassment, “confirming that Tesla intervened and the dispatched laborer took” quick and timely action. ”
“But he didn’t complain about n-word until after he wasn’t hired by Tesla full-time, and after hiring a lawyer,” Workman’s blog post said.
Tesla never submitted evidence that these contractors were dismissed during court or discovery, and Tesla’s supervisor, who was accused of harassing Diaz, was not dismissed, Mr. Organ said. Tesla does not comment beyond Workman’s statement.
The craftsman left Tesla in January of this year.
Previous claim to be a racially hostile workplace
Last May, former Tesla employee Melvin Berry discovered that the arbitrator was called a racist slur by his boss and was exposed to other racial hostilities for $ 1 million. Won the ruling.
Due to the terms of employment in Tesla, Berry was not allowed to file a proceeding as Diaz did, but had to proceed with arbitration. The organ also represented Berry.
Tesla now requires all contractors working in the factory to agree to settle the dispute by arbitration rather than by court, Organ said.
CNN’s Chris Isidore contributed to this report.
Source: www.cnn.com
