JAKARTA - A lawsuit accusing Tesla of fostering a workplace with "rampant" sexual harassment will continue in court after a California judge dismissed the company's motion for arbitration. Even though the female worker who brought the case signed an arbitration agreement at Tesla, ending her right to sue, Alameda County Superior Court Judge Stephen Kaus continued her ruling on Monday, May 23.
Tesla employee Jessica Barraza filed a lawsuit last year, claiming she was subjected to catcalling, obscene comments, and inappropriate touching while working as a production partner at Tesla's Fremont, California plant. At least seven more female workers have filed sexual harassment complaints, with some alleging that Tesla CEO Elon Musk's suggestive tweets only made it worse.
In a copy of court documents seen by The Verge, Judge Kaus said Barraza was "ambushed" by Tesla's arbitration policy, as Tesla had not given "any indication that he should agree to mediate the job claims and give up his right to a grand jury trial."
As Bloomberg points out, US President Joe Biden signed a bill in March ending forced arbitration in sexual assault cases, but because the case started before the bill became law, it didn't take effect.
"This is a win for public accountability," David Lowe, Barraza's attorney, said in a statement. “Because of this ruling, Tesla will not be able to hide behind the closed doors of secret arbitration. Instead, Tesla will be tried by a jury of Ms. Barraza in the general courtroom.
The verdict comes as Musk faces allegations of sexual misconduct of his own, which were revealed in a recent report from Business Insider. During a company flight, Musk allegedly exposed himself to female flight attendants and gave him an ultimatum to perform a sexual act. SpaceX reportedly awarded the officer a $250,000 severance agreement after he brought the complaint to management.
Musk and his team vehemently deny the allegations. Even SpaceX President Gwynne Shotwell called the allegations "false" in company-wide emails to employees. Musk himself said the allegations were "completely untrue." Musk also claimed that the article was written to "interfere with the Twitter acquisition," which he had previously "delayed" due to a dispute over automated account measurement.
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