For the second time this year, publisher Activision Blizzard—Subject of historic allegations of sexual harassment and gender discrimination– tried to drop the case against it. And for the second time it failed.
Earlier this year, in an attempt to stop the California Department of Civil Rights (formerly known as the California Department of Fair Employment and Housing, or DFEH) from pursuing its landmark case, the publisher petitioned the Los Angeles Superior Court to dismiss it on procedural grounds — namely, that the department “failed to comply with its pre-notification obligations before” –say in August
We move that DFEH’s complaint be dismissed as the agency violated its own rules, acted in bad faith and undermined its authority to bring this complaint. Our motion comes just days after we joined EEOC to oppose DFEH’s sixth attempt to disrupt the federal agreement reached with EEOC, which is already helping Activision create a better, more inclusive workplace and to relieve and close current and former employees.
activity also claimed that the CRD “fomented a media campaign to tarnish Activision Blizzard’s reputation,‘ assuming this would see her off the hook. The court “rejected that” but so did Activision Blizzard recently before the Court of Appeals, which now also said no. As axios reportsthe CRD issued a statement earlier this week celebrating this victory and saying
After the appeals court denied a power of attorney, the CRD will pursue this case to enforce the civil rights guarantees in the Fair Employment and Housing Act and the California Equal Pay Act on behalf of women who worked for Activision. The appeals court ruling allows CRD to continue to provide assistance to the thousands of women in California who have suffered gender discrimination, harassment and retaliation as Activision employees.
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This means the case is definitely moving forward now, although both parties are requesting delays for various reasons, it is not expected to take place before 2023.
TO UPDATE: An Activision spokesman tells Kotaku:
Legislators have set out clear rules for the DFEH, and the agency has ignored them in its rush to file a lawsuit. These were fundamental violations that invalidated the DFEH’s standing to sue. While the 2nd Circuit’s decision not to consider the matter in court was disappointing, we look forward to showing that the rule of law applies equally to those tasked with enforcing it.
