Plantation Slur Case: Pierce v. Tesla Settlement

In Pierce v. Tesla Inc. et al. (N.D. Cal., Case No. 22-03177), a Black production-line worker alleging pervasive racial harassment at Tesla’s Fremont factory has reached an undisclosed settlement with the automaker after court-ordered mediation.

The Case: Pierce v Tesla Inc et al

The Court: U.S. District Court, Northern District of California

The Case No.: 22-03177

The Plaintiff: Pierce v Tesla Inc et al

Raina Pierce, who installed door latches at the Fremont, California facility, said she endured daily racial slurs—both spoken and written on walls and bathroom stalls—and was disciplined for conduct tolerated in non-Black colleagues. A supervisor allegedly greeted crews with phrases like “welcome to the plantation.”

The Defendant: Pierce v Tesla Inc et al

Tesla Inc. operates the Fremont assembly plant where Pierce worked. While the company denies wrongdoing, it has faced multiple race-bias suits from current and former employees, including the high-profile Diaz verdicts and a pending class action on behalf of thousands of Black workers.

The Case: Pierce v Tesla Inc et al

The plaintiffs included multiple claims alleging they experienced a hostile work environment, discrimination, and retaliation; all violating federal and California labor law. The key allegations included in the case details were racial epithets and graffiti visible thoruhgout the factory, a manager that consistently used racially charged greetings, and unequal disciplinary actions when compared to non-Black employee disciplinary actions.

A Timeline of the Case Milestones: Pierce v Tesla Inc et al

May 2022: the complaint was filed in federal court.

Discovery revealing corroboratig witness statements.

April 17, 2025: Involved parties notified the court the mediator's proposal was accepted. The terms of the agreement remain confidential (pending final paperwork).

The Main Question: Pierce v Tesla Inc et al

Did Tesla permit a racially hostile environment and unequal discipline practices at its Fremont plant, thereby violating civil rights laws, and, if so, what compensation or reforms were warranted? The confidential settlement ends the litigation without a trial.

FAQ: Pierce v Tesla Inc et al

Q: What did Pierce allege was the worst conduct?

A: She cited a supervisor’s “plantation/slave house” greetings, ubiquitous racist graffiti, and harsher discipline than non-Black peers.

Q: Are the settlement terms public?

A: No. The parties agreed to keep monetary amounts and any non-financial provisions confidential.

Q: Does settlement mean Tesla admitted guilt?

A: Typically, private settlements include no admission of liability; they merely resolve the claims.

If you are experiencing workplace discrimination and need to talk about filing a California lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to help in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Chair Denied, $11 M Verdict: Roque v. Octapharma

A San Diego County jury awarded more than $11 million to a 74-year-old medical screener who claimed that Octapharma Plasma, Inc. refused a simple accommodation (a chair for her back pain) and then fired her due to her age.

The Case: Roque v. Octapharma Plasma, Inc.

The Court: San Diego County Superior Court

The Case No.: 37-2021-00020936-CU-WT-CTL

The Plaintiff: Roque v. Octapharma Plasma, Inc.

Raquel Roque (age 74) worked as a medical screener at an Octapharma plasma-donation center. She suffered chronic back pain and repeatedly asked to sit while conducting screenings.

The Defendant: Roque v. Octapharma Plasma, Inc.

Octapharma Plasma, Inc. operates plasma-collection centers nationwide and sets the on-site procedures and working conditions for staff who conduct donor eligibility screenings.

The Case: Roque v. Octapharma Plasma, Inc.

Claims: failure to accommodate a disability, disability discrimination, age discrimination, and wrongful termination under California’s FEHA (Fair Employment and Housing Act).

Key Allegations: There were 2 key allegations in the case, 1) Octapharma denied Roque's request for a chair forcing her to stand for extended shifts, and 2) When Roque persisted, she was terminated (the company cited performance, but she alleged it was age bias)

The Main Question in the Case: Roque v. Octapharma Plasma, Inc.

Did Octapharma Plasma unlawfully refuse a reasonable accommodation (a chair) and terminate Roque because of her age, warranting compensatory and punitive damages under FEHA?

FAQ: Roque v. Octapharma Plasma, Inc.

Q: Is providing a chair considered a reasonable accommodation?

A: Yes. Under FEHA (and the ADA), an employer must offer adjustments, such as seating, that enable an employee with a medical condition to perform essential job functions, unless the change causes undue hardship.

Q: Does the absence of economic loss usually limit verdicts?

A: Not in California. Juries can—and frequently do—assign substantial noneconomic and punitive damages even when wage loss is minimal or nonexistent.

Q: What takeaway does this verdict offer employers?

A: Swiftly evaluate and, if feasible, grant minor accommodations; document the process; and ensure performance issues are legitimate and well-supported before terminating protected workers.

If you are experiencing workplace discrimination and need to talk about filing a California lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to help in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Injury, Leave & Demotion: Miller v. CDCR Disability Case

The California Court of Appeal, Fourth District, Division Two, has affirmed summary judgment for the California Department of Corrections and Rehabilitation (CDCR) in Miller v. CDCR (Case No. E081230), holding that the agency lawfully placed an injured correctional officer on unpaid leave after she could no longer perform the essential duties of her job.

The Case: Miller v. California Dept. of Corrections and Rehabilitation (CDCR)

The Court: California Fourth Appellate District Division Two

The Case No.: E081230 (Super.Ct.No. CVRI2000221)

The Plaintiff: Miller v. CDCR

Maria Miller, a correctional officer injured in a 2016 slip-and-fall, exhausted workers' comp benefits by 2018. Facing permanent medical restrictions (that were later compounded by a disclosed mental-health condition), she declined CDCR's offer of a "medical demotion" to a lighter-duty position and remained on unpaid leave. In 2020, she filed a lawsuit under the Fair Employment and Housing Act (FEHA).

The Defendant: Miller v. CDCR

The California Department of Corrections and Rehabilitation, Miller's employer, is responsible for ensuring correctional-facility security while accommodating employees' disabilities in compliance with FEHA.

The Case: Miller v. CDCR

Claims: disability discrimination, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, and retaliation.

Trial Court (Riverside County): Granted summary judgment for CDCR, finding Miller could not perform essential correctional-officer functions and that CDCR offered reasonable accommodations she refused.

Court of Appeal Ruling: Affirmed.

Key points: An employer may take adverse action when an employee's disability renders it impossible to perform essential duties.

CDCR met its burden by offering a medical demotion; disability retirement is not a reasonable accommodation under FEHA. Even if the interactive process was imperfect, liability requires proof that a feasible accommodation existed and was withheld.

The Main Questions in the Case: Miller v. CDCR

When an employee's permanent medical restrictions prevent them from performing essential job functions, can an employer satisfy the FEHA by offering alternative positions, and by doing so, can they avoid liability? Does it change the situation if the employee refuses the alternate position and alleges flaws in the interactive process? After considering these essential questions, the appellate court ruled in favor of CDCR.

FAQ: Miller v. CDCR

Q: Why wasn't disability retirement considered a reasonable accommodation?

A: FEHA defines a reasonable accommodation as a workplace adjustment enabling the employee to perform the job, whereas disability retirement removes the employee from the workforce altogether, contrary to FEHA's goal of keeping employees working when possible.

Q: Does an employer's imperfect interactive process automatically create liability?

A: No. An employee must demonstrate a specific, objectively available accommodation that the employer failed to provide; absent that, procedural flaws alone are insufficient.

Q: What is a "medical demotion," and is it legal?

A: A medical demotion reassigns an employee to a lower-level role compatible with medical restrictions, often with reinstatement rights if health improves. Courts view it as a legitimate accommodation when higher-level duties can't be performed.

Q: Can failure to accommodate double as disability discrimination?

A: Not necessarily. An employer may be liable for failing to accommodate without being liable for discrimination if no adverse employment action stems from bias.

Q: What lessons does this case offer California employers?

A: Document essential job functions, explore all viable accommodations—including reassignment—and remember that FEHA liability hinges on whether a workable accommodation existed, not on perfection in the dialogue.

If you have questions about filing a workplace discrimination complaint, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to help in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Lively v. Wayfarer: Harassment & Defamation Showdown

Actor Blake Lively has sued Wayfarer Studios, its co-founder Justin Baldoni, and associated PR firms in the Southern District of New York, alleging workplace sexual harassment and a retaliatory smear campaign that damaged her reputation and business interests (Case No. 1:24-cv-10049).

The Case: Blake Lively v. Wayfarer Studios LLC et al

The Court: Southern District of New York (S.D.N.Y)

The Case No.: 1:24-cv-10049

The Plaintiff: Blake Lively v. Wayfarer Studios LLC et al

Blake Lively, star and producer of the film It Ends With Us, asserts that during production, Baldoni engaged in un-rehearsed physical contact, sought to add intimate scenes without an intimacy coordinator, and later orchestrated a media strategy to discredit her after she complained, causing sales of her hair-care brand to drop sharply.

The Defendant: Blake Lively v. Wayfarer Studios LLC et al

Wayfarer Studios LLC, Justin Baldoni, and affiliated crisis-PR consultants are named as defendants. Lively contends that they hired public relations professionals to suppress her allegations and “bury” her public image. At the same time, the defendants deny any misconduct and claim they acted to protect their reputations.

The Case: Blake Lively v. Wayfarer Studios LLC et al

Lively’s claims (Dec 2024 filing): sexual harassment, retaliation, defamation, and business losses tied to an alleged smear campaign.

Procedural status:

An emotional-distress count was dismissed on June 3, 2025, but core harassment and retaliation claims remain.

Defendants countersued in January 2025 for defamation and civil extortion, seeking $400 million. Most of that countersuit was dismissed on June 9, 2025, leaving only potential contract-interference allegations for possible refiling.

Lively has subpoenaed internal text messages and phone records; defendants have sought third-party communications they say support their defense.

Related litigation: A crisis-PR consultant and a former Wayfarer PR firm have filed separate actions over the dispute, alleging defamation and breach of contract. None of these suits directly involves Lively’s wage-and-hour or labor claims, but they could impact discovery and public perception.

The Main Question in the Case: Blake Lively v. Wayfarer Studios LLC et al

Did Wayfarer Studios and Justin Baldoni engage in unlawful workplace harassment and retaliatory reputation-damage tactics against Blake Lively, and, if so, are they liable for the resulting economic and emotional harm? Conversely, did Lively’s public statements cross the line into actionable defamation against the defendants?

FAQ: Blake Lively v. Wayfarer Studios LLC et al

Q: What behavior does Lively allege constituted sexual harassment?

A: She says Baldoni improvised intimate physical contact and tried to add nudity and graphic scenes without prior discussion or an intimacy coordinator, creating an unsafe work environment.

Q: What is meant by a “retaliatory smear campaign”?

A: Lively claims the defendants hired PR professionals to release or amplify negative stories, monitor social-media chatter, and otherwise undermine her credibility after she complained about on-set conduct.

Q: Why was the emotional-distress claim dismissed?

A: The court ruled that, as pleaded, it did not meet the legal standard for a separate tort; however, the underlying harassment and retaliation counts were allowed to proceed.

Q: What remains of the defendants’ $400 million countersuit?

A: The court threw out the defamation and civil-extortion counts but allowed defendants an opportunity to replead limited claims of interference with contractual relationships.

Q: Could third-party subpoenas affect the outcome?

A: Yes. Phone records, text messages, and PR-firm documents may provide key evidence of either a coordinated smear effort (supporting Lively) or benign reputation management (supporting the defendants), which could influence liability and damages.

If you have questions about filing a workplace discrimination complaint, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to help in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Can a Co-Worker’s Social Media Post Create a “Hostile” Work Environment?

A recent lawsuit's hostile work environment claims hinged on the social media posts of a co-worker. The court was left to decide if a co-worker's social media activity can legally constitute a hostile workplace environment. The court's arguments led to much-needed clarity on the complex connection between workplace harassment and social media.

Case Details: Okonowsky v. Garland, United States Court of Appeals, Ninth Circuit, Case No.: 109 F.4th 1166 (9th Cir. 2024)

Federal Prison Psychologist Alleges Hostile Work Environment:

During her time employed as a federal prison psychologist, one of Lindsay Okonowsky's colleagues, corrections Lieutenant Steven Hellman, shared a series of sexually explicit and derogatory Instagram posts on his social media account, specifically denigrating his female coworker. Hellman made hundreds of derogatory social media posts denigrating women in general but specifically targeted his coworker, Okonowsky, including jokes about raping her. The negative Instagram posts were visible to other prison coworkers and some of the prison’s management personnel. The situation scared Okonowsky and made her uncomfortable going to work daily.

Seeking Resolution: Reporting Harassment to Management 

Okonowsky first sought a resolution of the situation by bringing the matter to the attention of her superiors at the federal prison, as well as the human resources manager. According to the lawsuit, instead of starting an investigation, she was advised to "toughen up" or "get a sense of humor." In fact, the hostile work environment claim wasn't taken seriously until months after the fact when a new warden took over at the federal prison.

Defining a Hostile Work Environment: Does Social Media Activity Apply?

The plaintiff argues that the string of derogatory social media posts constituted a hostile work environment and that her employers failed to properly investigate when she filed her complaint. Labor law requires employers to investigate complaints. However, in addition to fulfilling legal obligations, employers should investigate to ascertain the facts and prevent future instances of harassment or discrimination in the workplace. Failing to investigate leaves employees at risk of a potentially damaging work environment.

Okonowsky v. Garland: From District Court to Appellate Court

Initially, the district court granted summary judgment in favor of the defendant because Hellman, Okonowsky's colleague at the prison, was using his personal social media account, which they defined as outside of the workplace. The district court found that Hellman's online activity didn't fit the requirements needed to qualify as harassment under Title VII because the posts occurred outside of the workplace, were not directly sent to Okonowsky, and were not shown to her in the workplace. Using this definition, the court found that workplace harassment rules did not apply. However, on appeal, the district court's decision was reversed. The Ninth Circuit court clarified that it's not about when or where the conduct occurs but about the audience. And in the case of Okonowsky v. Garland, the audience included Okonowsky, the plaintiff, and her coworkers (including management personnel). In addition, the behavior overflowed into the workplace, which left Okonowsky feeling unsafe at work and uncomfortable going to work because of the series of Instagram posts. In a unanimous decision, the 9th Circuit panel held that Hellman's Instagram posts denigrating his female coworker could qualify as unlawful harassment. The court's rejection of the notion that only conduct occurring in the physical workplace can be actionable was firm - noting the ready use of social media to harass and bully both inside and outside the "workplace."

If you have questions about filing a California hostile work environment lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Top Performer Claims Age Discrimination &Wrongful Termination

After finding himself out of a job after a company restructure, a top performer claims he was wrongfully terminated due to age discrimination.

The Case: Kasparian v. Edge Sys.

The Court: California Court of Appeals, Second District, Third Division

The Case No.: B318216

The Plaintiff: Kasparian v. Edge Sys.

The plaintiff in the case, Gregory J. Kasparian, is a former employee of Edge Systems LLC dba The Hydrafacial Company (Hydrafacial). Kasparian, a resident of Georgia with a 2nd home in Pennsylvania, started working with the company in 2012 at the age of 51. After an interview in California, he was hired and held the position of Corporate Account Director (CAD), running the East Coast domestic sales team. Kasparian was a top performer who produced consistently good sales numbers. During his last 18 months with the company, Kasparian sold just under $1 million of “rolling sales” and was encouraged as a top achiever during the last two years of his time with the company, even earning a spot in the coveted “Presidents’ Club,” a revenue based performance award. Hydrafacial terminated Kasparian’s employment in July 2018 due to a corporate realignment. At that time, Kasparian was 57 years old. About five other employees in corporate account sales were let go - all over 40. Kasparian sued his former employer in Los Angeles County Superior Court for age discrimination and related causes of action, and causes of action based on Labor Code violations and breach of contract stemming from Hydrafacial's alleged failure to pay him earned commissions.

The Defendant: Kasparian v. Edge Sys.

The defendant in the case is Edge Sys. (aka Hydrafacial). The company designs, manufactures, promotes, and sells aesthetic products and technology. The company’s corporate office is located in Long Beach, California. While the company maintains various regional sales areas throughout the nation, the only physical locations they maintain are in the state of California. Vice President of Sales Dan Watson was the plaintiff’s supervisor at Hydrafacial from March 2017 until Kasparian’s employment was terminated.

The Case: Kasparian v. Edge Sys.

Before Hydrafacial’s realignment, there were three CADs: Kasparian (age 57), Tracie Wertz (age 53), and Dan Townsley (age 39). Kasparian claims his numbers were higher than both Wertz and Townsley, and he had seniority over both, yet he was the only one of the three that wasn’t offered a new position in the company. Kasparian alleged Hydrafacial failed to pay his full commissions, and terminated him to avoid having to full the obligation. The two parties entered a stipulated judgment in favor of Hydrafacial and against Kasparian that the court signed and filed on November 29, 2021. On appeal, the court found that Kasparian failed to present sufficient evidence demonstrating that his age was a substantial motivator for his termination. The appellate court concluded the trial court properly granted summary adjudication and affirmed the judgment in favor of respondent Edge Systems LLC dba The Hydrafacial Company.

If you have questions about filing a wrongful termination lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced California employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Elon Musk’s Neuralink Faces Allegations of Discrimination and Retaliation

In recent news, a former Neuralink employee claims she faced discrimination, workplace retaliation, and disregard for her pregnancy accommodations during her time at the company.

The Case: Short F/K/A Lindsay Tatum vs Neuralink, Corp.

The Court: Superior Court of Alameda County

The Case No.: 24CV079691

The Plaintiffs: Short F/K/A Lindsay Tatum vs Neuralink, Corp.

The plaintiff in the case, Lindsay Short (formerly known as Lindsay Tatum), is a former Neuralink employee. Neuralink hired Short on March 9, 2021, as an Animal Care Team member at Neuarlink’s Dixon location. During her hiring process, it was understood by all parties involved that Short would require flexibility to accommodate her children’s work schedule and doctor’s appointments. After the Dixon location was closed in January 2022, Short was promoted to Animal Care Lead and transferred to Fremont with a pay raise. After negotiating her need for flexible time off to care for her children, Short accepted the new position as Animal Training Lead for the Non-Human Primate population and moved from Dixon to Fremont. Upon starting the job at the Fremont location, Short quickly discovered that management heavily discouraged taking rest breaks, and employees were frequently not relieved of job duties during their meal periods. Management at the Fremont location also quickly began pressuring Short to prioritize her work over her family, disregarding the oral agreement they entered into offering flexibility to accommodate her need to care for her children.

Alleged Labor Law Violations Escalate: Failure to Provide Appropriate PPE

Additionally, Short claims in the complaint that Neuralink conducted experiments within its research lab using rhesus macaque non-human primates (NHPs) that carried the deadly Herpes B virus without providing her with the appropriate PPE and failed to acknowledge her concerns regarding training, safety protocols, and violations of government regulations, which eventually led to her potential exposure. In response to her complaints, Short claims she was subjected to a retaliatory demotion under the erroneous guise of poor work performance that took effect in May 2023. In June 2023, Short advised HR in a teleconference meeting that she was pregnant. The next day, her supervisors presented her with a separation agreement and notice of termination for alleged “performance issues.” Short filed a wrongful termination lawsuit claiming she suffered economic loss and emotional distress due to the company’s unlawful conduct.

The Defendant: Short F/K/A Lindsay Tatum vs Neuralink, Corp.

The defendant in the case is Neuralink, Corp., and two of Short’s managers during her time working at the company. Short claims Neuralink and two of her managers, specifically Thurman and Sorrells, subjected her to discrimination, failure to provide appropriate accommodations for pregnancy, exposure to unsafe conditions, a pattern of discriminatory and retaliatory actions, and whistleblower retaliation. Additionally, Short claims Neuralink violated labor law’s meal break and rest period requirements.

The Case: Short F/K/A Lindsay Tatum vs Neuralink, Corp.

Short F/K/A Lindsay Tatum vs Neuralink, Corp., lawsuit alleges several labor law violations. The alleged labor law violations started after Short took a promotion with an accompanying pay raise and oral agreement for a flexible work schedule that accommodated her need to provide care for her children. The promotion necessitated a move of approximately 80 miles from Dixon to Fremont. Short seeks economic damages, non-economic damages, punitive damages, attorney’s fees, and any other remedies available under applicable laws.

If you have questions about filing a California wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced employment law attorneys can help you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.