Hacker News new | past | comments | ask | show | jobs | submit login

[flagged]



You have to go through 8 years of court sitting stress for those $3 million. From that perspective it is a sensible sum.

And the way I see it, somebody has to fight injustice. Otherwise laws are meaningless. This guy did it, and that is his reward. We all benefit.

I would like to see you take on a lawsuit against a multi billion dollar corporation. Do you think it would be a piece of cake?


> "You have to go through 8 years of court sitting..."

The guy turned down $15 million 2 years ago. How can you not see his motivation?

It has nothing to do with "fighting injustice" and everything to do with winning some unreasonably excessive courtroom lottery.


>In October 2021, a jury awarded him $137 million in damages in the case, but a federal judge threw out that award as excessive. US District Judge William Orrick offered Diaz $15 million in damages in the case instead, but Diaz rejected the offer, choosing instead to have a new trial.


It's blackjack where judge is the dealer.


If you've reviewed the facts in this case, and that's what you took from it, then I seriously question your reading comprehension ability.


They were looking for their angle and found it. Reading was not part of the process.


You can't even type the word and yet you think it's fine for somebody to be called that at a workplace?


They didn't say it was okay.


[flagged]


I'm guessing you are not familiar with the case and only read the CNN coverage.

Employers have responsibilities to maintain certain standards at a workplace. Tesla absolutely flaunted those standards to a ridiculous degree. The first jury on the case awarded over $100 million to the plaintiff.

Go look at the evidence presented in the trial. It's not one bad word being used once.


I'd argue it's a first amendment violation for the state to require an employee be fired or reprimanded for saying/writing mean words; but that's not to say there wasn't more to it than that.

The civil rights act itself is a slap in the face of the 10th amendment and should be repealed post haste.


Why is $3 million in damages in this case ridiculous?


[flagged]


A number intended to be punitive, yes.

What is your framework for believing that number to be ridiculous? Do you know how such numbers are decided?


Yes. Punitive damages are not appropriate to begin with in this case, and certainly not that high.


A jury decided otherwise regarding the correctness of punitive damages.

Once that was decided, such damages don't scale by damage done; they scale by a figure that would inconvenience the company so as to discourage such flouting of their legally-mandated corporate responsibility in the future.


[flagged]


Question: why is it absurd?


> The case was brought by Owen Diaz, who worked as an elevator operator at the plant. He reported he regularly heard racial slurs, including the N-word, on the Fremont factory floor, and saw racist graffiti in bathrooms and a racially insensitive cartoon.

Why misrepresent something when the truth is only a click away?

But besides that, everyone here knows that you know that the value isn't about damages suffered per se, it's about sending a message to racist people like you.


Do you think racism in the work place is ok? How about sexism? Why not homophobia as well? Does smacking the butt of your female coworker really deserve compensation? Where do you draw the line or do you think it should all be ok in the workplace?


If something is not OK, can there not be a penalty for it which is also not OK?


What do you think the acceptable penalty for racial discrimination in the workplace should be?


[flagged]


Protected classes exist. Libel and slander laws exist. Hate crime law exist. In every single one of those, someone is being "mean" to the other party.

Many of those laws are written in blood, since being "mean" to someone based on traits they're born with and suffering no consequences leads to people being even more "mean".


tesla broke california discrimination laws, it has nothing to do with being mean. don't do the crime, etc etc


[flagged]


Defend racism with your real account


[flagged]


What will happen?


[flagged]


You were right, I did it.


You didn't even read anything about the case!


who cares? tesla had 4th quarter earnings of $24 billion last year. $3M is chump change to them


Tesla's earnings have absolutely nothing to do with how much this guy deserves to get.


Frankly, you cannot see past the tip of your nose. Don't comment on how the law is applied.

If nobody sued against discrimination, then discrimination laws would be useless. So fighting discrimination is a public good that we all benefit from. Fighting a lawsuit is hard, especially doing it for almost a whole decade, and against a multi billion dollar corporation.

Should the guy get $10,000 for it? He's not getting paid $3 million, because somebody shouted a slur at him once.


Lol if you made any of these arguments to a lawyer they'd laugh at you. That's not how damages are supposed to work, not at all.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: