Samsung Research America in Mountain View, Calif. / Courtesy of Samsung Electronics

A legal dispute is unfolding over a claim that a former senior engineer at Samsung Research America (SRA) was wrongfully dismissed after reporting an alleged racist remark. The case is expected to involve Samsung Electronics' U.S. unit as well as its headquarters in Korea.

A screenshot of the plaintiff's motion to amend to add Samsung Electronics headquarters as a defendant in the Andrew Mo vs. Samsung Research America case / Courtesy of ILG Legal Office

In a Feb. 20 court motion and related dossier obtained by The Korea Times, the plaintiff alleges that Samsung's headquarters has been maintaining an "unlawful prejudice against dark-skinned employees," citing new testimonies saying that similar discriminatory practices originated from the headquarters and that only Korean and sometimes Caucasian men were eligible for high-level positions.

Samsung headquarters declined to comment, citing that legal proceedings regarding the case are ongoing.

Andrew Mo, who alleges that his employment with SRA was wrongfully terminated in January 2022, filed a motion with the Superior Court of the State of California to amend his complaint against SRA. The motion seeks to add Samsung Electronics America and Samsung Electronics as defendants in the case.

SRA is headquartered in Silicon Valley, serving as the U.S. hub of Samsung Electronics' research for emerging technologies. Mo was a former engineering leader at Google AI and joined SRA in May 2021 as the head of the Visual Display Intelligence Lab.

So far, the case has been limited solely to SRA, but Mo and his attorney said in the latest motion that Samsung Electronics America and Samsung Electronics should also be held as being liable, noting that they are "joint employers" and qualify as an "integrated enterprise."

The case dates back to November 2021, when SRA was preparing a demonstration at a showroom for Samsung Electronics Executive Chairman Lee Jae-yong's visit to the research center.

A month later, Mo learned that a Korean SRA vice president, whose surname is Kim, allegedly stated during the preparation that "people with dark skin should wait outside" while Lee was present at the demonstration.

In accordance with the company's policy requiring employees to formally report discriminatory or harassing behavior, Mo reported the case to SRA's human resources (HR) director and CEO.

Samsung Electronics Executive Chairman Lee Jae-yong, left, meets Google CEO Sundar Pichai at the latter's headquarters in Mountain View, Calif., in this Nov. 22, 2021, photo. Lee also visited Samsung Research America on the occasion of this trip. Courtesy of Samsung Electronics

Mo alleges that he faced retaliation for reporting the discrimination, as the company reassigned his team members and informed him of the possibility of dismissal for a paid time-off request that had been approved a month earlier. He was notified on Jan. 19, 2022, that his employment was terminated due to "role elimination." However, the position was succeeded by Mo's subordinate, a Korean man.

Mo filed the lawsuit against SRA in December 2022, alleging wrongful termination and unlawful retaliation.

In August 2023, SRA filed a motion to move the case to private arbitration, citing an arbitration agreement in Mo's employment contract, which would prevent a public legal dispute. However, the court dismissed the motion later that month, ruling that the agreement was "unconscionable and one-sided" against employees.

In the Feb. 20 motion, Mo and his attorney submitted new testimonies supporting Mo's claims, alleging that Samsung companies have been fostering unlawful prejudice against "dark-skinned employees."

In an Oct. 28, 2024, deposition, a Korean bilingual facilities planner employed by SRA testified that in 2020, she interviewed a Black candidate for a facilities technician position and recommended him as the best candidate. However, her boss at SRA, surnamed Park, rejected the candidate, stating, "because he is Black," without providing any further explanation.

The planner also stated that Park told her that SRA preferred to hire "non-Black, non-white" people for nonmanagerial roles, specifically Latinos or Mexicans, for the facilities technician position "because they listen," and wanted to hire only Koreans for more managerial positions. Additionally, she noted the headquarters' preference for Korean men. She said that Park made similar remarks multiple times.

The planner testified that her team organized several events for executives from Samsung headquarters visiting SRA, saying, "We had to demonstrate all the Samsung's newest technology and hardware into making like a real home, so we can present to our executives who is coming from Korea." The plaintiff said that this demonstrates that these events were prepared based on the expectations and preferences of Samsung's headquarters.

In a separate interview on Oct. 15, Cynthia Kim Tran, a senior HR director at Samsung NEXT, testified, "Other sorts of race were not being considered for promotion … besides Koreans and sometimes Caucasian," citing "an old boys' network" that favored them.

She added that many employees complained of racial discrimination, but retaliations were common, saying, "When people reported discriminatory practices … invariably they would be targeted or fired." She also mentioned "dispatchers" sent from Samsung headquarters who oversaw operations and ensured that policies aligned with the expectations coming from the headquarters.

The court is scheduled to hold the hearing on whether to add Samsung headquarters and Samsung Electronics America as defendants on July 1. Mo's attorney, Stephen Noel of ILG Legal Office, told The Korea Times that they expect the trial to be scheduled for early 2026.

"Andrew Mo reported explicit racism, expecting Samsung's HR to do the right thing and investigate," Noel said. "Instead, they terminated his employment with the very excuse of 'role elimination' that HR previously told him they use when lying about why an employee is being fired. We are asking all witnesses who have information about discrimination or retaliation at Samsung entities to please contact our firm."