Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
Businesses The Courts Technology

Tesla Fires Female Engineer Who Alleged Sexual Harassment (theguardian.com) 221

Tesla has fired a female engineer who accused the company of ignoring her complaints of sexual harassment and paying her less than her male counterparts. AJ Vandermeyden, who went public with her discrimination lawsuit against Tesla in February, was dismissed from the company this week. The Guardian reports: Vandermeyden had claimed she was taunted and catcalled by male employees and that Tesla failed to address her complaints about the harassment, unequal pay and discrimination. "It's shocking in this day and age that this is still a fight we have to have," she said at the time. In a statement to the Guardian, Tesla confirmed the company had fired Vandermeyden, saying it had thoroughly investigated the employee's allegations with the help of "a neutral, third-party expert" and concluded her complaints were unmerited. "Despite repeatedly receiving special treatment at the expense of others, Ms Vandermeyden nonetheless chose to pursue a miscarriage of justice by suing Tesla and falsely attacking our company in the press," a Tesla spokesperson said. "After we carefully considered the facts on multiple occasions and were absolutely convinced that Ms Vandermeyden's claims were illegitimate, we had no choice but to end her employment at Tesla."
This discussion has been archived. No new comments can be posted.

Tesla Fires Female Engineer Who Alleged Sexual Harassment

Comments Filter:
  • Ballsy (Score:5, Insightful)

    by alvinrod ( 889928 ) on Thursday June 01, 2017 @08:39PM (#54530949)
    Tessa must have some pretty damning evidence against her to fire her for this, because it does open up a legal case against them for retaliation, which their HR department and legal team are no doubt well aware. They'd have to have solid proof that she made it all up or so flagrantly lied about parts of it to be able to fire her over it without legal repercussion.
    • Re:Ballsy (Score:5, Insightful)

      by gweihir ( 88907 ) on Thursday June 01, 2017 @09:04PM (#54531061)

      Indeed. Whenever some people are really discriminated against, you find others that are just trying to get a free ride on this. Pretty bad. The worst case is women claiming to have been raped, when nothing like that happened. It is just far too easy to do and apparently many cannot resist.

      • by DrYak ( 748999 ) on Thursday June 01, 2017 @10:06PM (#54531377) Homepage

        Whenever some people are really discriminated against, you find others that are just trying to get a free ride on this. Pretty bad.

        The free rider are pretty bad indeed. Even more so, because they contribute to reduce the trust in actual victims.

        The couple of stupid women claiming "rape" just to get some money, will make it all more difficult for all the *actual real* rape victims out-there to speak, because the victims will fear they won't be believed.

        It's a sort of Girl who cried wolf, except that the consequences of "excessive wolf-crying" will fall on someone else.

        • by gweihir ( 88907 )

          Just my thought. Unfortunately, the truth is often not easy to find here. That makes it easier for the scum that makes false claims and far, far harder for the real victims that already have to struggle with what was done to them. Apparently, there are countries in Europe where the police does not follow-up on more than half of the rape complaints because they have absolutely no credibility. It seems to be quite common in child custody cases as well and the criminals (yes, criminals) that make these false c

      • by c ( 8461 )

        Whenever some people are really discriminated against, you find others that are just trying to get a free ride on this.

        There's also the people who are flat out mentally ill.

        • by gweihir ( 88907 )

          There are, but that is a special case unless you use a very broad definition of "mentally ill". For the purpose here, you would have to include things like regular narcissism.

          • by c ( 8461 )

            There are, but that is a special case unless you use a very broad definition of "mentally ill". For the purpose here, you would have to include things like regular narcissism.

            That certainly may be the case here; I haven't seen following it all that closely. I just threw that in there to remind people that "guilty" or "not guilty" aren't the only answers to stuff like this... there's always the occasional "WTF?" case.

      • The worst case is women claiming to have been raped, when nothing like that happened. It is just far too easy to do and apparently many cannot resist.

        I don't believe it's "many". Any woman claiming rape or workplace harassment is still put through so much shit that I don't think it's that appealing an idea to fake it.

        What is more likely is that the real incidents sound so common and mundane that they don't make for a good story. The only time it gets picked up and reported is when the details are shocking or lurid, and of course the media plays up the most lurid details.

        This means the stories that make the news are more likely to be exaggerated - or yes,

        • by torkus ( 1133985 )

          Actually, this is why many legitimate victims never bother to speak out. They already went through a bunch of shit and don't want any more.

          However, those seeking a thrill (or money/attention) and realizing they have nothing to lose have greater motivation to make a huge ordeal.

          It's the second group that completely screws over the first by making people take them less seriously.

          • by gweihir ( 88907 )

            It's the second group that completely screws over the first by making people take them less seriously.

            Indeed. And that makes the false claims far worse than many other crimes.

    • Companies do it all the time even when the employee is telling the truth, it's about getting back at them for the publicity and embaressment. When the next lady does the same thing and they sue they'll be 300% more likely to win as a pattern has been displayed.

    • Re:Ballsy (Score:5, Interesting)

      by phantomfive ( 622387 ) on Friday June 02, 2017 @12:17AM (#54532025) Journal
      Looks like they hired a neutral third-party to investigate [electrek.co]. They presented some of the evidence:

      The investigator had access to Tesla’s compensation data and found that Vandermeyden’s salary was in the middle of the range and while some new hires were indeed paid more than her as her lawsuit claims, the highest paid new hire was a woman and several men were paid less than her. Therefore, Hilbert determined that gender discrimination had nothing to do with her compensation.

      It doesn't say why she was fired, but most companies won't say that.

      • Re:Ballsy (Score:4, Informative)

        by Anonymous Coward on Friday June 02, 2017 @03:45AM (#54532693)

        It doesn't say why she was fired, but most companies won't say that.

        TFA does have a statement by Tesla about the reason for firing her:

        “The termination was based on Ms Vandermeyden behaving in what the evidence indicates is a fundamentally false and misleading manner, not as a result of retaliation for the lawsuit,” the spokesperson added. “It is impossible to trust anyone after they have behaved in such a manner and therefore continued employment is also impossible.”

        • Re:Ballsy (Score:4, Insightful)

          by luis_a_espinal ( 1810296 ) on Friday June 02, 2017 @08:16AM (#54533731)

          It doesn't say why she was fired, but most companies won't say that.

          TFA does have a statement by Tesla about the reason for firing her:

          “The termination was based on Ms Vandermeyden behaving in what the evidence indicates is a fundamentally false and misleading manner, not as a result of retaliation for the lawsuit,” the spokesperson added. “It is impossible to trust anyone after they have behaved in such a manner and therefore continued employment is also impossible.”

          Yeah. Launching a lawsuit like that just to be found w/o merits by a third, neutral party, that's reason enough to fire her. Or him, or whatever. The minimal trust required to keep someone on payroll has been broken.

          Bad career move from her part (and if she did it with premeditated malice and dishonesty, she just fucked a whole bunch of women who might be real victims of discrimination.)

    • Tessa must have some pretty damning evidence against her to fire her for this, because it does open up a legal case against them for retaliation, which their HR department and legal team are no doubt well aware. They'd have to have solid proof that she made it all up or so flagrantly lied about parts of it to be able to fire her over it without legal repercussion.

      I would agree, provided they're competent. And while I have no reason to presume that Tesla's HR and legal staff are incompetent, it's a textbook case of retaliation because many, many other allegedly competent HR and legal departments have done the same thing in the past. Hell, there are law firms that have gotten in trouble for retaliation. Some people's outrage level get so high that they stop thinking rationally, and do whatever they can to destroy the person who complained.

    • because it does open up a legal case against them for retaliation

      Not really. Retaliation cases are for cases which have merit. If your employee sues you and loses then she attempted to attack you or your business without merit. Firing them for this attack is perfectly reasonable as their interests are clearly not inline with those of the company.

      Now if they won their case it would be entirely different. Any action then would be considered retaliatory.

      • Retaliation cases are for cases which have merit. If your employee sues you and loses then she attempted to attack you or your business without merit.

        Um, no, that isn't true. A lawsuit "without merit" means that you have no reasonable evidence to support your argument. You can have reasonable evidence, and you will still lose your case if the other side's evidence is stronger. You can't retroactively declare a case to be without merit after the verdict.

        • by torkus ( 1133985 )

          The terms you're looking for are 'good-faith' and 'bad-faith'.

          Even if it's a shitty lawsuit, if she *in good faith* believed or had evidence to support her claims, it's a meritorious lawsuit and she is protected from retaliation. Firing her after complaining about harassment, discrimination, etc. is an extremely clear example of retaliation. How good or bad her case is doesn't matter and neither does winning or losing.

          However if she acted in bad faith - she had legitimate reason to believe her lawsuit was

          • Yes, all of that is true. My only point (which could have been clearer) was that a case doesn't become meritless after the fact just because you don't win.

            "Merit" and "Faith" are somewhat related. I suppose it's theoretically possible that she believes, in good faith, that she was discriminated against because of her gender, but if she can't provide any facts or evidence to support her belief, it would still be a meritless lawsuit.
    • Comment removed based on user account deletion
    • California is an at-will [shrm.org] state. She could be fired with or without cause, unless she was government or part of a union.

  • by Gravis Zero ( 934156 ) on Thursday June 01, 2017 @08:43PM (#54530971)

    Regardless of the claims legitimacy, she was becoming increasingly hostile toward the company and thus a liability. That said, I really hope there was no discrimination here.

    • Except that employers are clearly and strictly forbidden to retaliate against someone launching a non-frivolous lawsuit against them. If the woman in question has reasonable evidence (and apparently she does), the lawsuit is not frivolous, whether or not she wins.

      She may have been becoming increasingly hostile against the company, but that could be because the company was becoming increasingly hostile to her. I don't know whether or not it was, but just providing a hostile environment in the face of a

  • Entitled (Score:4, Insightful)

    by geekymachoman ( 1261484 ) on Thursday June 01, 2017 @08:49PM (#54531001)

    > "Despite repeatedly receiving special treatment at the expense of others, Ms Vandermeyden nonetheless chose to pursue a miscarriage of justice by suing Tesla and falsely attacking our company in the press," ...

    Some of them expect special treatment even, and then bitch about it, or in this case, try to milk some money out of the company.. because .. women harassment, and "wage gap" is hip nowdays.

    Plain bullshit, is what it is.

    • by Anonymous Coward

      Yeah, she sounds like the second coming of Ellen Pao. Speaking of which, I wonder what ever happened to her deadbeat ponzi scheming beard who owed exactly the amount of money she tried suing Kleiner for.

    • Comment removed based on user account deletion
    • Re:Entitled (Score:5, Interesting)

      by markdavis ( 642305 ) on Thursday June 01, 2017 @09:01PM (#54531047)

      +1 Bingo

      Just because she says or thinks she is harassed or paid less doesn't make that true. And to make it a media circus doesn't help the situation. No doubt there are PLENTY of people who do this now just to get what they want. It is a shame because there are legit issues that need to be addressed at places that will get overlooked when things are made-up by others and found to be unjustified.

      • Just because she says or thinks she is harassed [...] doesn't make that true.

        Actually, I'm not so sure about that.

        Years ago, I went through "Sexual Harassment Training" (No, it wasn't what you think). And, as the lawyer basically said, there are really no guidelines in the law for what is and isn't sexual harassment. What the courts have pretty much done is said that, "If you think you were harassed, you were." The defense usually boils down to whether or not you communicated your feelings to the company and whether or not the company acted appropriately. There's no "That's not

    • Re:Entitled (Score:5, Insightful)

      by TWX ( 665546 ) on Thursday June 01, 2017 @09:03PM (#54531057)

      I've seen both in tech circles. I've seen women that were harassed, and I've seen women that got special treatment where they were good at deflecting the work that was supposed to be assigned to them to others, or faced no punitive action for severely underperforming to the point that it became obvious to outsiders.

      I've also seen men that were bullied in the workplace and did not have any advancement, and men that also managed to underperform for extended periods of time. Gender doesn't really dictate this.

      Frankly we're not going to ever know the particulars of this case. Basically none of us were there, and it would behoove anyone that was to not say anything unless it's part of any legal proceedings and behind closed doors, or potentially in-court. At the moment there's only a single datapoint, so there isn't enough information for us to make any real conclusions. She may well be right, and could have been the target of specific harassment that was covered-up by some element of management, or she could be making false claims. There just isn't enough information for us to conclude anything.

      • Re:Entitled (Score:4, Insightful)

        by deek ( 22697 ) on Thursday June 01, 2017 @10:19PM (#54531453) Homepage Journal

        That's very true, but from the actions taken, we can conclude that Tesla are very confident that they're on solid ground here. Hence the chances of her being the type to game the system are pretty high. Not conclusive, certainly, but still quite high.

  • by Anonymous Coward

    that HR is not on your side [slapthebaldy.com]

  • The lawsuit (Score:5, Interesting)

    by Areyoukiddingme ( 1289470 ) on Thursday June 01, 2017 @09:03PM (#54531051)

    We might actually get to hear all the nitty gritty details on this one, rather than the usual handful of accusations in the press followed by the company settling the lawsuit with a gag clause. If Tesla's lawyers think they're on firm enough ground to fire her after she filed suit, they must also think they're on extremely firm ground regarding the suit itself, in which case they should fight it out to a conclusion. Which is damn rare. We're going to get an unusually detailed look at the HR practices of a billion dollar company. Should be fascinating.

    I wonder what the market will think of it tomorrow... Their stock hit a new 52 week high today of $344.88. Which happens to also be an all-time high. The previous high was $342.89.

    • by Jzanu ( 668651 )
      Markets are often delusional [princeton.edu]. Tesla has yet to turn a profit, claiming growth - yet every other firm manages to grow while it is profitable. Tesla has significant governance [wyattresearch.com] issues, so it isn't being managed well at all.
      • by Jzanu ( 668651 )
        Missed a link [thestreet.com]. Musk has his own significant conflict of interest, and it hinders effective management.
      • TSLA stock fluctuates more than 100 points in 6 month cycles. It will be all about proof, if she has any they are going to get soaked because now she's got a retaliation claim to go with the sex harassment claim.

      • For the most part I agree with you regarding markets, but I should point out that for years Amazon didn't make any money, Mr. Bezos put out a ton of promises and ... Look at where they are now. Maybe they're the exception that proves the rule.

        Tesla might not be making any money right now, but I would think it's a pretty safe bet to invest in long term.

        • It was a pretty safe bet to invest in tesla, when their stock price was, and a reasonable premium over a 'normal' company might not be unreasonable.
          But - a market cap over Ford, ...

          There are some sane reasons that this might be still a good investment.
          Tesla is planning to have their autopilot in a state that it can do driveway to driveway from one coast to the other by the end of the year.
          At this point, there will be some tens of thousands of autopilot-hardware-capable vehicles on the road.
          It could be that

      • Re:The lawsuit (Score:5, Interesting)

        by Areyoukiddingme ( 1289470 ) on Thursday June 01, 2017 @11:57PM (#54531955)

        Tesla has yet to turn a profit, claiming growth - yet every other firm manages to grow while it is profitable. Tesla has significant governance issues, so it isn't being managed well at all.

        Firms which are profitable while growing are typically growing at single digit percentages per year, while not being in one of the most capital intensive industries in the world. Did you know there's a battery factory in Nevada now? It was empty desert a few years ago. Do you think that was free? Or even cheap? They spent half a billion dollars on capital expenditures in the fourth quarter of 2016 alone, then did it again in the first quarter of this year. They expect to spend an additional $1.5 billion on capital expenditures by September. The incumbent car companies thought they were completely safe from new competition because they knew how much money somebody would have to spend in order to actually compete with them. They believed that everybody was just like you, too cowardly to spend that money in order to build factories. Turns out they were wrong, just like you.

        I read your links. They're both a year old, and almost totally obsolete. The SolarCity buy is a done deal. There is no SolarCity anymore. It's all Tesla now. I'm not so sure it was a good purchase, but all "will they/should they" analysis is irrelevant. They did. Meanwhile they made $2.7 billion in GAAP revenue in the first quarter of this year, up almost triple what they made a year ago. They did it by producing cars 64% faster than they did a year ago. And that's with zero ZEV sales in the quarter. Nobody has to buy the zero emissions credits from them anymore. The whining about the board of directors is nothing more than a naked attempt at a power grab. I consider Tesla's ability to tell the usual suspects to go to hell a serious strength, not a weakness. Those people only know how to fuck up old companies by gutting them, not grow new ones.

        Badly managed? Not even close. You just don't have any idea how to evaluate them because what they're doing hasn't been done in your lifetime. They're spinning up a global car company from scratch. Fifteen years ago they didn't exist. Of the top 15 car companies in the world (by manufacturing volume), 7 of them are over a century old and 2 of them aren't global (neither SAIC nor Peugeot Citreon sell into the US market). None of them were founded less than 40 years ago. Groupe PSA, formerly Peugeot Citreon, is the youngest, founded in 1976. The rest date from the 1940s or earlier. Two of them, Fiat and Renault, date from the 1800s. When Tesla is a century old, maybe you'll be able to understand them.

        Tesla Motors isn't one of the top 15 in the world and may never be, but they're competing directly with those top 15. That's expensive. Really expensive.

        I can't deny that markets are delusional though...

      • > Tesla has yet to turn a profit, claiming growth - yet every other firm manages to grow while it is profitable.

        *cough* AMZN *cough*.

        https://www.theverge.com/2013/4/12/4217794/jeff-bezos-letter-amazon-investors-2012

        Bezos practically invented the growth-first-profit-whenever mantra, and it's worked for Amazon at least.

  • Engineer? (Score:4, Informative)

    by Anonymous Coward on Thursday June 01, 2017 @09:06PM (#54531075)

    https://www.linkedin.com/in/aj-vandermeyden-89a90163

    Some how she is an MRI aide then a sale rep then without any gap in work she becomes an engineer, I guess she could have gone into sales straight from engineering school but this seems unlikely. Can we please stop calling everyone who works in the Bay area and engineer. Are the homeless there street engineers?

    • Re:Engineer? (Score:5, Informative)

      by Anonymous Coward on Thursday June 01, 2017 @09:10PM (#54531089)

      Found more:

      https://electrek.co/2017/02/28/tesla-allegations-discrimination-female-engineer-review/

    • > Some how she is an MRI aide then a sale rep then without any gap in work she becomes an engineer

      Look at the dates. She worked in the MRI like *while she was at school*

  • This is why (Score:2, Insightful)

    This is why you don't hire SJW feminist snowflakes.
  • by hyades1 ( 1149581 ) <hyades1@hotmail.com> on Thursday June 01, 2017 @10:03PM (#54531361)

    ...Vandermeyden's attorney is Therese Lawless.

  • by Anonymous Coward on Thursday June 01, 2017 @10:39PM (#54531549)

    “Tesla is committed to creating a positive workplace environment that is free of discrimination for all our employees. Ms. Vandermeyden joined Tesla in a sales position in 2013, and since then, despite having no formal engineering degree, she has sought and moved into successive engineering roles, beginning with her work in Tesla’s paint shop and eventually another role in General Assembly. Even after she made her complaints of alleged discrimination, she sought and was advanced into at least one other new role, evidence of the fact that Tesla is committed to rewarding hard work and talent, regardless of background. When Ms. Vandermeyden first brought her concerns to us over a year ago, we immediately retained a neutral third party, Anne Hilbert of EMC2Law, to investigate her claims so that, if warranted, we could take appropriate action to address the issues she raised. After an exhaustive review of the facts, the independent investigator determined that Ms. Vandermeyden’s “claims of gender discrimination, harassment, and retaliation have not been substantiated.” Without this context, the story presented in the original article is misleading.”

  • If you see gender studies or similar on their resumes - DON'T HIRE.

  • by JustNiz ( 692889 ) on Friday June 02, 2017 @11:14AM (#54535463)

    I don't know which I find most likely:

    1) That a Californian feminist would get self-righteously offended at anything/everything and conveniently mislabel it all as sexual harassment.

    2) That Elon Musk is screwing his own workers as hard as he can.

    I mean there are already plenty of real-world examples of both.

  • Workplace ethics (Score:2, Informative)

    by Anonymous Coward

    In the USA, it's been my experience in the workplace that males are generally VERY careful about what they say in the presence of females, to the point that males prefer to remain silent in their presence.

    • My experience is that males say things around and to females. I've had numerous jobs, and only in one case was I not supposed to talk to a woman. (I'd insisted that a certain tricky configuration she'd set up was wrong, because it was and I could see how it was wrong, and offered to help her. Next thing I know, we're ordered not to talk to each other. It had nothing to do with gender.) I don't know if it's a regional thing or not.

"The vast majority of successful major crimes against property are perpetrated by individuals abusing positions of trust." -- Lawrence Dalzell

Working...