By Shawn Henry 
A federal judge in San Francisco has ruled that Tesla must face part of a lawsuit accusing the company of discriminating against American workers by favoring foreign nationals on H-1B visas, while dismissing other portions of the case.
The lawsuit was filed in September by plaintiffs Scott Taub and Sofia Brander, who allege Tesla violated federal civil rights law by prioritizing visa holders over U.S. citizens. Taub claimed he was discouraged from applying for an engineering position after a recruiter told him the role was limited to H-1B visa candidates. Brander alleged she was not interviewed for two human resources positions because the company prefers hiring foreign nationals for certain roles. The complaint states Tesla hired approximately 1,355 skilled workers on H-1B visas in 2024 while laying off more than 6,000 U.S. employees. Both plaintiffs contend they were not hired because they did not require employment sponsorship.
In an order issued this week, U.S. District Judge Vince Chhabria ruled that Taub’s claims presented enough factual detail to move forward. The judge determined the allegations were sufficient to state a claim for discrimination, allowing that portion of the case to proceed. However, the court noted that the evidence cited by Taub, including email exchanges with a Tesla recruiter, was limited. The judge indicated the communication referenced in the complaint was brief and suggested the recruiter’s statement about the position being restricted to H-1B applicants may have been made in response to a question.
The court dismissed Brander’s claims, finding it implausible based on the complaint that her citizenship was the reason she was not selected for HR roles. The judge pointed out that the lawsuit alleged Tesla uses H-1B visa holders primarily for specialized positions in engineering, research, and design.
Brander has been given 14 days to amend her complaint if she intends to continue pursuing the case. Taub’s claims will move forward as litigation continues in federal court.
