By Michael Elkins

On Tuesday, a California judge stated that Tesla (NASDAQ:) would not likely grant him permission to suspend a California lawsuit over allegations of racial discrimination. The Office of Administrative Law (OAL), however, will consider a company complaint.

In a 10-page complaint the electric car manufacturer stated to California’s OAL, that DFEH, the state Department of Fair Employment and Housing, had adopted “underground regulations”, which ignore requirements that employers must comply with before they can sue them.

According to Reuters, this complaint was filed to limit DFEH’s ability to pursue discrimination claims. The agency is required to provide detailed explanations to businesses about alleged legal violations, and to try to reach a settlement outside of court.

Alameda County Superior Judge Evilio Grillo did not agree to place the state litigation in limbo while Tesla awaits a ruling. Tesla is free to proceed with its petition to the OAL, Grillo said, but that office’s decision to side with or against Tesla “might have no effect on the case.”

Grillo will hold a full hearing on Wednesday.