In a compelling case that highlights the challenges of workplace discrimination, an employee has taken legal action against a major corporation and its staffing partner. On March 26, 2025, Don Kim filed a complaint in the Santa Clara County Superior Court against Intel Corporation and Kelly Services Global, LLC, alleging racial harassment and discrimination.
The lawsuit details a series of distressing events that unfolded during Kim's employment at Intel's Santa Clara site. Kim, an Asian-American man, began working as a Mask Manufacturing Technician in July 2023. He was employed by both Intel Corporation and Kelly Services Global, LLC, which contracted with Intel to place him at their worksite. The complaint alleges that Kim was subjected to persistent racial harassment by Hayden Karl Sinclair Wolf, another employee placed by Kelly Services at Intel. According to the filing, Wolf made racially offensive remarks such as asking if "Koreans really eat dogs" and mocked an Asian accent in front of colleagues.
Despite reporting these incidents to his supervisors and human resources departments at both companies, Kim claims that no meaningful action was taken to address the harassment. Instead, he faced retaliation for his complaints. The complaint outlines how Kim's requests for overtime were suddenly denied after he reported the harassment and how he was unjustly disciplined based on false allegations from Wolf.
Kim's legal team argues that Intel and Kelly Services failed to prevent harassment and discrimination as required under California’s Fair Employment and Housing Act (FEHA). They also accuse the companies of retaliating against Kim for asserting his rights under FEHA and California Labor Code section 1102.5. The complaint states: "Defendants INTEL and KELLY SERVICES constructively terminated Plaintiff KIM by intentionally causing and/or knowingly continuing objectively intolerable working conditions."
The lawsuit seeks various forms of relief including general damages for emotional distress, special damages for lost earnings due to denied overtime opportunities, punitive damages for malicious conduct by management, civil penalties under California labor laws, as well as attorneys' fees and costs. Furthermore, it calls for injunctive relief to prevent future occurrences of similar misconduct within these organizations.
Representing Don Kim are attorneys Gina Szeto-Wong and Dean Royer from Szeto-Wong Law P.C., while the case is presided over by Judge J. Nguyen under Case ID 25CV462171.