“An infinitesimal number of the workers have testified,” Stanford Law School professor emeritus William Gould IV, a former National Labor Relations Board chairman, told KQED. Tesla “has superior resources, and plaintiffs need the class action to really get the defendant’s attention.”

“We have prominent people that are close to the White House saying that, really, employment discrimination laws should not have existed in the first place,” said Gould, the Stanford law professor emeritus.

Gould said many employees following news headlines may steer clear of lawsuits like Vaughn et al v. Tesla for fear of failure and retaliation from employers.

“Under these circumstances, the fact that workers will not come forward and testify does not necessarily mean that the plaintiffs’ case is weak. It may mean that people are more discouraged and less likely to stick their head up, in the fear that it will get chopped off,” he said.