Activision Fails to Convince California Court to Halt Discrimination & Harassment Case

Activision’s request to halt the sexual harassment and discrimination case to allow more time for investigation into the ethics allegations against the agency was denied.  

The Case: Dept. of Fair Employment and Housing v. Activision Blizzard 

The Court: California Superior Court

The Case No.: 21STCV26571

The Plaintiff: Dept. of Fair Employment and Housing v. Activision Blizzard

California’s civil rights agency sued Activision Blizzard in Los Angeles Superior Court in July 2021. The lawsuit alleged that the company fostered a“frat boy” culture that left their female employees subjected to frequent sexual harassment, unequal pay, and workplace retaliation. The agency claims they conducted a two-year investigation into the Activision company leadership prior to filing that showed consistent failures to take action preventing discrimination related to equal pay, promotion, termination, etc. As the case progressed, Dept. of Fair Employment and Housing accused Activision of suppressing and destroying evidence. The Defendant denied the accusation.  

The Defendant: Dept. of Fair Employment and Housing v. Activision Blizzard

The Defendant is Activision Blizzard Inc., the maker of Call of Duty and other video games. On October 19, 2021, Activision asked the court to pause the proceedings; requesting time to investigate ethics allegations against the agency, and possibly bring a motion to disqualify specific attorneys. 

Details of the Case: Dept. of Fair Employment and Housing v. Activision Blizzard

On October 19, 2021, Activision asked the court to pause the proceedings; requesting time to investigate ethics allegations against the agency, and possibly bring a motion to disqualify specific attorneys involved. The request stemmed from a parallel federal lawsuit against Activision involving the U.S. Equal Employment Opportunity Commission. The federal agency agreed to a proposed settlement with Activision in September 2021. The proposed settlement would resolve discrimination and retaliation claims with a proposed $18 million settlement. The DFEH objected to the proposed settlement, arguing that the proposed agreement also released Activision from state claims that the EEOC lacks standing to prosecute. The EEOC asked the federal court to block DFEH’s attempt to intervene claiming that its investigation into the Defendant was led by two attorneys who eventually joined DFEH (in leadership roles). DFEH, after being informed of the conflict, retained new counsel. However, the EEOC argued that the intervention motion was filed only hours after the new counsel was retained, indicating strongly that the action was the product of the previous counsel. Los Angeles Superior Court denied Activision’s motion to stay without prejudice. However, the court did not block Activision from pursuing discovery on the alleged ethics violations issue. 

If you have questions about California labor law violations or or how employment law protects you against discrimination and harassment in the workplace, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.