Can Elon Musk Sue Biden’s EEOC for Acting Under Color of Law?
In a recent turn of events, Elon Musk’s Tesla finds itself amidst a controversial lawsuit that alleges the harassment of Black employees at one of its assembly plants. However, this article explores why some believe there might be more to this story than meets the eye. Many non partisan lawyers and retired judges are suggesting that the Biden administration could be retaliating against Musk for his outspoken criticism of their handling of various matters. Many of us recall that Musk exposed that the CIA, FBI and other government agencies worked hand in hand with Twitter and even paid them money to bury and conceal true and damning investigations and information about the Biden overseas influence peddling operations in Ukraine and China generally. As most of us knew ll along, the Hunter Biden Laptop was real, the data was real, and Biden appointed officials at the FBI were told it was real all along!
This was all done on the eve of a presidential election, to boot. (Source, Twitter Files.) In other words, it appears Twitter and other social media companies acted under color of law as “state actors,” which is a violation of Title 42, Section 1983 USC. Rather than back off after a court basically agreed that the Biden Admin has been illegally censoring speech, Biden actually is fighting the court, demanding to continue silencing his opposition. His reasoning is anyone who disagrees with the government, especially Elon Musk, is engaged in “disinformation.”
Color of Law?
“Color of law” refers to a legal term used to describe a situation in which an individual or entity, typically a government official or law enforcement officer, acts under the appearance or pretense of law while violating the rights of others. Even though the actions may seem legal on the surface, they are carried out unlawfully and infringe upon the rights and protections guaranteed by the law.
Color of law violations can encompass various forms of misconduct, including unlawful arrests, excessive use of force, false imprisonment, discriminatory practices, and other actions that deprive individuals of their civil rights and liberties under the law. These violations are taken seriously in legal contexts, and those found guilty of acting under the color of law may face criminal charges and civil liability for their actions.
We know for a fact that companies like Meta and Twitter were blocking true and damning stories about lies told by the Biden Admin, as well as the TRUE Hunter Biden laptop story. “Color of law” refers to a legal term used to describe a situation in which an individual or entity, typically a government official or law enforcement officer, acts under the appearance or pretense of law while violating the rights of others. In such cases, even though the actions may seem legal on the surface, they are carried out unlawfully and infringe upon the rights and protections guaranteed by the law.
Overwhelming Evidence of Illegal Color of Law
In this case, Biden runs the DOJ, and zero actions have been taken to end this illegal and unlawful action or that of his political ally money donors in Silicon Valley. There is no question from a legal point of view that based on the Twitter Files and sworn whistleblower testimony that the Biden Admin and for profit media is and has been acting under color of law, to censor and silence political opposition on behalf of the democrat party.
Ironically, on the eve of Musk exposing our wide open southern border, the Biden EEOC is now accusing Musk of “racism.” (Sound familiar?) The lawsuit, filed in a California federal court, is backed by the US Equal Employment Opportunity Commission (EEOC). It accuses Tesla of allowing significant harassment of Black workers at its flagship assembly plant in Fremont, California, dating back to 2015. Shockingly, the allegations include reports of racist slurs and offensive graffiti, such as Nazi symbols and nooses within the workplace.
Space X Refuses to Hire Illegals, Angering Biden Further
Another issue has been the Biden Admin wanting to hire undocumented or non citizens for Musk’s space program, which is actually prohibited for Musk to do, according to the majority of legal experts, including the civil rights attorneys at Ehline Law Firm. But that has not stopped the left wing activists running our current administrative state, according to many business owners and republicans.
According to the lawsuit, “SpaceX officials said on numerous occasions between 2018 and last year that it could hire only U.S. citizens and green card holders because of restrictive export control laws which govern the use of rocket and missile technology.” (Source WaPo.)
Musk reposted commentary from Alex Tabarrok, a professor of economics at George Mason University, observed: “Do you know who else advertises that only US citizens can apply for a job? The DOJ,” to which Musk quipped, “DOJ needs to sue themselves!” (Source DC Enquirer.)
What adds fuel to the controversy is the EEOC’s claim that Tesla failed to adequately investigate these complaints and took retaliatory actions against employees who dared to report such incidents. Many parents think Newsom and the DOJ are after Musk for his support of parents and opposition to genital mutilation and secret grooming of children by public school teachers suffering from “woke mind virus.”
Musk agrees with most scientists that men dressing up like women is a mental illness and not something people, especially public school teachers, should affirm in SECRET from parents. That does not sit well with Teachers Unions physicians and politicians who stand to make a lot of tax-funded cash off of this new condition that so many children now seem to have been diagnosed with since Biden took office.
Pundits Argue New Transgender Equal Employment Opportunity Commission EEOC Head Hates Musk
Ironically, transgender, Kalpani Kotagal is now the commissioner on the Equal Employment Opportunity Commission. The decision was criticized by parents and senators as Kotagal, like the democrat party in general, is forcing employers to adopt an asexual or transsexual stance. Senators were very suspicious of Kalpana Kotagal’s history of supporting radical “transgender views,” and now it appears their fears could have been realized, or even worse.
EEOC’s Transgender Advocacy
The EEO interprets any discrimination against men, including sexual orientation and gender identity, the Act was enacted by Congress in 1964 and would not be interpreted in this way. The EEOC has touted their support on this interpretation that was ultimately endorsed in Bostock v. Clayton County (2018). Yet EEOC’s transgender rights work goes far beyond that statutory interpretation.
Kotagal’s lawsuit against Musk combines federal charges with existing discrimination claims made by both Newsom (another politician accused of anti parent, pro sodomy politics) and a few alleged Tesla employees. This has prompted many former California residents to think Newsom is still angry Tesla fled to Texas. In other words, it appears the democrats have placed a big target on Musk and his financial empire for refusing to tow the line when it comes to censoring political opponents of the administrative state.
The situation took a contentious turn when settlement talks between Tesla and the EEOC collapsed after the agency raised concerns last year. Normally, EEOC cases with employers result in settlements, making it relatively unusual for such cases to go to trial. However, in this instance, the EEOC’s lawsuit seeks compensatory and punitive damages for an unspecified number of affected Black workers, along with an order compelling Tesla to reform its anti-discrimination and anti-retaliation policies.
Race Card is Always the Trump Card of the Left?
Many on the right, especially traditional patriots argue that identity politics and racial division have been used to keep blacks voting 90% democrat since LBJ (a racist himself) created our current welfare society. Interestingly, Tesla is currently facing multiple other race discrimination lawsuits, all sharing similar allegations seemingly designed to hurt Musk himself, according to an anonymous statement by a source close to Tesla. These include a class-action lawsuit by Fremont plant workers and a lawsuit by a California civil rights agency.
Tesla has vehemently contended that the California department’s lawsuit is politically motivated corruption, apparently designed to discriminate against non democrats. For example, Musk has suggested that the agency violated state law by filing the suit without proper notification of all claims or an opportunity to settle. Gamesmanship like this has caused many Americans to lose all respect for our justice system, especially since Trump is being prosecuted for things that democrats have allegedly been doing for decades with zero repercussions.
Throughout these legal battles, Tesla has consistently emphasized its commitment to preventing discrimination and treating employee complaints with utmost seriousness. It remains to be seen how this complex situation will unfold, but some observers can’t help but wonder if there’s more beneath the surface, considering Musk’s history of criticizing the Biden administration’s actions and decisions. As the controversy brews, apparently, what you pay for Tesla’s stock price went up 2.4 percent, recently reaching $246.38. What the District Court decides could find investors fleeing, however, which is what many think Biden wants.
“We must punish our enemies (political) and reward our friends” – Barack Hussein Obama
So If Retaliation Is Proven Can Musk Sue the Biden Admin for Acting Under Color of Law?
Yes. Whether he wins with such a biased administrative state and with so many Obama and Biden appointed judges, is likely a long-shot, however, according to many legal experts. For Musk, or Tesla, Space-X, etc., to sue the Biden administration or any government entity for acting under the color of law, they have to demonstrate that government officials were acting in their official capacity.
Next they must prove these democrat activist bureaucrats violated their rights or engaged in misconduct while appearing to act within the bounds of the law. If the Biden administration or its agencies have engaged in retaliatory actions against Musk or his companies while disguising these actions as lawful, Musk has legal recourse.
To pursue such a lawsuit successfully, several conditions generally need to be met:
- Violation of Constitutional or Civil Rights: The plaintiff (Musk or his corporations) must show their constitutional or civil rights were violated by the government’s actions. An unbiased court would easily find this evidence.
- Official Capacity: The actions of Biden’s administrative state must have been taken by government officials or agencies in their official capacity against Elon Musk or a company he runs.
- Disguised Misconduct: Musk must prove that the government officials’ actions were deceptive or disguised as lawful when, in fact, they were unlawful or retaliatory.
- Causation: There should be a direct link between the government’s actions and the harm or injury suffered by the plaintiff. Here, Elon Musk has made it very clear that he disagrees with the apparent Bolshevik like actions of several Biden agencies, in particular the DHS’s refusal to protect our southern border.
- Exhaustion of Administrative Remedies: Depending on the specific legal context, the plaintiff Musk may need to exhaust administrative remedies or follow certain procedures before filing a lawsuit against the government. He may run into statute of limitations (typically six months to make a complaint) problems unless he sues right away.
- Damages: Musk must demonstrate he of his corporations suffered actual damages as a result of the government’s actions.
Ultimately, whether Musk can sue the Biden administration successfully for acting under the color of law depends on evidence, and legal arguments. Musk needs to swiftly consult with legal counsel experienced in civil rights and government liability issues to assess the merits of any potential lawsuit and determine the appropriate course of action. What do you think? Is this a form of Critical Race Theory (CTR) racial harassment against Musk since he is white?
Is Musk really a racist, or is this just another political assassination by the leftist bureaucracy running this nation? Do you have a comment? Will the District Court stand for Musk and uphold federal law, or will the administrative state or Northern District punish Musk or a company he runs for discrimination based on national origin? Will the complaint and insults prevail for or against his company or companies? Will Musk be fired as CEO or president of his company network? Do you think the Northern District has been fair with Musk? Put it in the comments.
- Black workers at Tesla were called racial slurs, U.S. government alleges in lawsuit
- Appeals court says Biden admin likely violated First Amendment
- Biden DOJ sues Musk company for hiring only Americans
- Elon Musk claimed the Biden administration is ‘biased’ against Tesla and ‘controlled by unions,’ his third attack on the president in the past month