Tesla was sued in a class action for racial discrimination and harassment of its Afro-American employees. In addition to conducting discovery in the class action, several class members demanded pursuant to a Labor Code provision that Tesla provide their employment records, including their complaints of racial harassment and any investigations by Tesla of those complaints. Citing some developments in the class action, Tesla refused to produce the demanded records. The employees then filed a PAGA action based on the refusal to provide the records. Tesla filed an Anti-SLAPP motion to strike. This decision affirms the trial court’s denial of that motion. Tesla’s non-production of the employment records was not a written or oral statement and so was not protected speech under CCP 415.16(e)(1) or (2). Absent inherently expressive silence, a refusal to speak is simply conduct. The refusal to provide the records also did not advance public debate on any issue of public concern and so was not conduct protected by CCP 425.16(e)(4).