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Race, unions and the Fremont factory

Jury awards, a state civil-rights trial, a federal suit and a tweet about stock options

← Interactive guide and chronology · The Musk hub: biography, timeline and every file · What people say ↓

The race cases

One jury case, one state trial, one federal suit.

Owen Diaz, a Black elevator operator who worked at Fremont through a contractor, said he faced slurs and racist graffiti. A jury awarded him $137 million in 2021; a judge cut it, and a second jury in 2023 awarded $3.2 million. The case settled in March 2024 for an undisclosed sum. [1]

In February 2022 California’s civil-rights agency sued Tesla, alleging widespread harassment and discrimination against Black workers. Tesla called the suit misguided and pointed to its policies. The case went to a bench trial in September 2026, with the state still filing briefs in October. [2][4][5]

The EEOC sued in September 2023, alleging racial harassment and retaliation. In its mid-2026 quarterly filing, Tesla said it would defend itself. [3][6]

What we can’t tell you. No ruling had been issued in the state trial as of 22 October 2026.

The sources

  1. AP: Owen Diaz race case settled, 15 March 2024 ↗

    Former elevator operator’s case, after two jury awards.

  2. Tesla: response to the DFEH lawsuit, 9 February 2022 ↗

    Tesla’s own defense of its record.

  3. EEOC: lawsuit against Tesla for racial harassment and retaliation, 28 September 2023 ↗

    Federal agency’s allegations. Unproven until decided.

  4. CNBC: Tesla faces major trial over alleged bias against Black workers, 21 September 2026 ↗

    Start of California’s civil-rights bench trial.

  5. California Civil Rights Department: opposition to Tesla’s motion for judgment, October 2026 ↗

    The state’s own trial filing. Advocacy by a party.

  6. Tesla Q2 2026 Form 10-Q: legal proceedings ↗

    Quarterly report; the company’s own description of pending cases as of mid-2026.

The stock-options tweet

Regulators said it was a threat. An appeals court disagreed.

In 2018 Musk tweeted that nothing stopped Tesla workers from voting for a union, but asked why they would pay union dues and give up stock options. The National Labor Relations Board found this an unlawful threat and ordered the tweet deleted and a fired union organizer reinstated. In 2024 the full Fifth Circuit vacated the order and sent the reinstatement issue back to the board. [1]

What we can’t tell you. The reinstatement question went back to the NLRB.

The sources

  1. EBSCO Research Starter: Elon Musk, by Joe Bogdan (updated 2026) ↗

    A reference biography covering birth, education, companies, politics and family through 2026. A secondary summary; check numbers against filings.

WHAT PEOPLE SAY ABOUT THIS FILE

The claims, rated.

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