Activision-Blizz Hit With Lawsuit; Response derided

Warning: The following article may contain some content readers may find upsetting. Throughout this piece, there will be mention of accusations of sexual harassment, corporate protection of harassers, and suicide. We advise reader’s continue at their own discretion.

You’ll have seen the people saying, “enjoying games was so much simpler back in the day,” while also saying the uptick in diversity is great. All of those comments ignore that the increase in diversity is a far more recent addition to some of the corporate and greater gaming world. Yes, if you haven’t heard over the period of more than two-years, the California Department of Fair Employment and House (DFEH) has taken up a lawsuit against Activision-Blizzard. You may have also seen the mocking tone against the phrasing used in regard to “frat-boy culture.” I think it goes without saying, but you give this to the internet and one half wants to put Bobby Kotick in a Bond-style trap, while the other half are claiming the accusations are a misrepresentation of the accused.

As first reported on by Maeve Allsup of Bloomberg Law, the lawsuit filed last Tuesday alleges a series of events by male staff openly engaging in practices not befitting of the workplace, or any place for that matter. One such recount notes male employees openly drinking and coming in to work hungover, engaging in what is referred to as “cube crawls.” This is where male employees would drink extensively and proceed to crawl their way through cubicles, often engaging in inappropriate behavior toward female employees. The suit also notes that male employees would delegate work to female counterparts to play games all day, engage in discussion of sexual encounters, talk sexually about the female body, and among other things, “joke” about rape.

The lawsuit further alleges disproportionate pay to female employees and retaliation against them for many reasons, including following any approach to HR. Oh yeah, it isn’t just the usual employees doing bad things kind of lawsuit, it’s the company as well. One segment of the suit notes that employees were discouraged from making complaints, even following complaints to J Allen Brack, Blizzard Entertainment’s President. Further statements were that there was a “big lack of trust” and that “HR [is] not held in high regard.” Following complaints, female employees noted retaliation such as being deprived of work, unwillingly transferred to other departments, and being selected for layoffs. Now, it’s worth noting that only 20% of their employees are female, yet were promoted less frequently and had work contracts terminated at a higher rate than male counterparts.

None of what i’ve mentioned so far has included the discussion on the supervisor that brought a sex toy and lubricant on a work trip. The same trip where a female employee committed suicide following a relationship with this supervisor. It is also alleged that at a Christmas party, male co-workers were passing around a picture of this employee’s vagina. Another female co-worker noted that she may have been the subject to other forms of sexual harassment during work hours and on the company’s premises. I want to remind you that outside Blizzard HQ, there is a statue of an orc riding something else, around which there are several “principles” that are “reflected by employees’ decisions and actions every day.” One of those principles is “Every voice matters;” just not anyone coming to HR, apparently.

The suit also recounts that female employees would be hired but paid less than male counterparts from the get-go, with one woman of color noting being contacted for two-years before being officially hired. She also alleged that male employees who came to work at Activision-Blizzard after her would be hired sooner, and micromanaged less. Similarly, women of color would be criticized for their posture, asking for assistance, and would even be asked to do a one-page write-up of what they would do during breaks. All of those were things male/white employees did not have to do. Female employees would also be offered less incentive pay and stock options than male equivalents.

Continuing on with the discrimination, female employees were allegedly looked over for the possibility of them becoming pregnant. One woman explained that she has assumed responsibility of work from a male supervisor, but when she asked if she would be paid fairly or promoted to that position another male co-worker said that the company would risk promoting her for fear she might become pregnant. The filing continues to say that the company feared that she may “like being a mom too much.”

Furthermore, supervisors would give pregnant employees negative evaluations while on maternity leave. Parents with kids in daycare or otherwise would be criticized for leaving to take care of their kids. Moreover, nursing mothers would be kicked out of rooms designated for lactation so employees could use the room for a meeting. Meanwhile, as female employees complained to HR about the difference in pay for equal work, and despite the company hiring two firms over four-years, nothing came of the complaints to HR.

This is where I am meant to say the company has made a statement, claimed they will do better, and quietly let go several staff members at low levels. They would slap the wrists of higher-ups, and generally do a Ubisoft. However, in the general sense, the company has not put out a very public statement claiming to do better. In fact, they haven’t done that at all. In another act of being the only high-level journalist in gaming without fear of repercussions on his part, Jason Scheier contacted a Blizzard spokesperson and was met with a lengthy declaration of innocence. Said spokesperson claimed that the DFEH are “unaccountable State bureaucrats.”

This entire statement (seemingly given to Scheier alone) comes following the lawsuit by the DFEH which detailed its attempts to “resolve the matter without litigation.” The DFEH invited Activision-Blizzard to a mediation session on July the 1st, 2nd, and 15th, with the two unable to resolve the matter prior to the filing. Meanwhile, comments provided to Schreier state that the DFEH gave “distorted, and in many cases false, descriptions of Blizzard’s past.” They then went on to say that they have been cooperative with the DFEH throughout the investigation, but claim they did not inform Blizzard of the issues found. They also concluded that the DFEH failed to have discussions with them prior to litigation.

This is where we get really uncomfortable, as the comments provided by the Blizzard spokesperson state, “We are sickened by the reprehensible conduct of the DFEH to drag into the complaint the tragic suicide of an employee, whose passing has no bearing whatsoever on this case[,] and with no regard for her grieving family.” The statement went on to make the bureaucrat comments, and continues to say that what the DFEH says “is not the Blizzard workplace of Today.” Moreover, “over the past several years and continuing since the initial investigation started, we’ve made significant change to address company culture.” I have one question to ask of that.

If everything in these claims brought forward by the DFEH is painting Blizzard in the wrong light, then what has the company been addressing by changing its culture? Surely, if the “nothing to see here folks” is the truth, there was nothing to change in the first place. This is putting aside the fact the woman’s suicide and grieving family are being utilized as the shield this billion-dollar company is hiding behind. The sustained assumption of innocence by Blizzard (and its spokesperson) is far and away not what employees, former or concurrent, are saying. Including those who are said to be abusive themselves.

Chris Metzen, former games and graphical designer, voice artist, producer, director, and writer for Blizzard for over two decades simply said, “We failed.” Not in too few words, but he did go on to state his part in what was more or less ignorance of the situation. Problematically, he somewhat attempted to distance himself from the situation. Despite working with/around Alex Afrasiabi who is noted in the suit by the DFEH as being very public with his harassment, to the point where male co-workers would have to “pull him off of female co-workers” at Blizzcon. In twenty-sum years Metzen, you might have seen something.

Current employee Brian Holinka similarly took to Twitter, trying to echo World of Warcraft narrative designer Steve Danuser’s comment, ultimately going on to say, “I’m unhappy with the corporate response up to this point.” He then stated that it does not represent him, that he and many others have stated this internally, and that it is also rightly said publicly too. However, it seems the corporate response is falling in line with the culture Holinka says does not represent him.The higher-up emails were leaked and ultimately call the claims against the company “disturbing” while telling employees to contact HR or an independent hotline. Fran Townsend’s comments led to employees asking for her to step down from the Executive sponsor role of the ABK Employee Women’s Network.

Are we done? No. Over 800 former and concurrent employees, according to Polygon, The Washington Post, and IGN, have signed an open letter. This letter which PC Gamer and Kotaku state has over 1000 signatures, calls the response by the company “abhorrent and insulting to all we believe our company should stand for.” They believe the statements made have damaged their “ongoing quest for equality inside and outside the industry.” The letter also mentions that the comments sent to Scheier about “distorted, and in many cases false” claims, “creates a company atmosphere that disbelieves victims.” Furthermore, they do not trust the executives following several statements to protect employees, in the face of legal action being taken.

Ultimately, the group is calling for an official statement to be made, “that recognize the seriousness of these allegations and demonstrate compassion for victims of harassment and assault.” Further calling for former W. Bush Homeland Security advisor, Fran Townsend, to step down from her role as Executive Sponsor of the ABK Employee Women’s Network. Townsend only joined the company in March. Additionally a further call was made for executive leadership to work with employees on “meaningful efforts to ensure employees [and community members] have a safe place to speak out and come forward.“

This is where I do the whole John Oliver thing and bring out depressing news. Over ten-years ago, the CEO of Activision-Blizzard got embroiled in a legal brawl with a flight attendant. In 2007, Cynthia Madvig filed a lawsuit in L,A County Superior against Kotick, and (then Goldman Sachs partner) Andrew Gordon following a flight on the two’s jointly owned private jet. The suit named pilot Phil Berg. Berg reportedly pressured her in 2006 to go with him during layovers and when Madvig refused, Berg is said to have been angry. Berg allegedly retaliated by having her clean out the toilets repeatedly and leering at her.

The suit claimed that Madvig reported this to Gordon, then two months later to Kotick when nothing was done. Following her complaint to Kotick she was fired, with the reason being “the guys are unhappy with the hostile environment.” Kotick, Gorden and Berg were named in January of 2007 as the suit claimed harassment, wrongful termination, and failure to prevent harassment. I’ll save you the long and short of the legal gubbins, but one of the several firms brought on by the three advised that they settle for somewhere between $200,000 to $400,000.

Meanwhile, an arbitrator is quoted as saying, “Mr. Kotick wanted to destroy the other side and not to pay Ms. Madvig anything […] [Kotick] said ‘that he was worth one-half billion dollars and he didn’t mind spending some of it on attorneys’ fees.‘” Ultimately, the three (four by the time Cove management, her official employer, was listed) would settle for $200,000, with a further $475,000 in legal fees. Why am I telling you this? Court records state, “Mr. Kotick believed no sexual harassment or retaliation had taken place and it was important to vindicate the principle even if it would be very expensive in terms of legal fees.” A legal battle of the four’s lawyers added another $1.42-million onto the bill.

I am not saying Activision-Blizzard will fight this until they have to pay far more than it is worth, that would be stupid. However, there is a history of the top boss believing no harassment took place, drawing a court case out, seeking not to address the problem and a history of firing employees who spoke up. At the time of writing, Activision-Blizzard has not made an official statement following the publication of the open letter. One would assume the court proceedings with the DFEH will continue, and presently enough this will unobtrusively go away as people cease talking about it. Even if a woman is dead from a series of sexual harassment incidents.