DFEH Objecting Acti-Blizz Settlement

It seems like it would be a considerable waste of time to sit here and retread the entire history of Activision-Blizzard since July of this year, so I’ll truncate it the best I can. Earlier in the year, the California Department of Fair Employment and House wrapped a multi-year investigation into harassment by the publisher and developer of Call of Duty and Overwatch, which led to PR disaster after PR disaster. More recently, larger federal cases have come forward with their own multi-year investigations. Soon after one was announced, a settlement was agreed upon by the two parties.

As it is turning out, the DFEH is having none of it. According to a tweet from Axios’ Stephen Totilo, the DFEH is filing objections against the settlement between Activision-Blizzard and the federal Equal Employment Opportunity Commission for $18-million. When it was announced, Activision-Blizzard noted the settlement was going to be a fund set up for those affected by the issues at the company and, if there was any surplus after an allotted time, it would be split between charities aimed at helping get women and minorities into the industry, as well as improving the industry as a whole. From a PR stance that is very good, but it is just a PR-friendly action, at least in the eyes of the DFEH.

California's Department of Fair Employment and Housing, which previously objected to Riot's "rushed" settlement with female workers plans to object to the Equal Employment Opportunity Commission's settlement proposal with Activision.

Says it could harm DFEH's case.

New filings: pic.twitter.com/tHBQ8aFj5O

— Stephen Totilo (@stephentotilo) October 7, 2021

In the court documents shared by Totilo, the DFEH notes that this settlement could cause “irreparable harm” to the lawsuit filed in July by themselves. Let me point this out to be clear, the court that was to hear the complaints by the EEOC has yet to decide if the settlement can go through. The press release by Activision-Blizzard alone has garnered good PR for the company before this has been finalized. The objection here comes amid claims that the settlement, which is capped by legal limits, is too small for all the claims brought against Activision-Blizzard by state and federal complaints.

“[The] DFEH’s pending enforcement action against [Activision-Blizzard] will be harmed by uninformed waivers that the proposed decree makes conditional for victims to obtain relief,” said the DFEH in its objection to the settlement. They went on to say, “The proposed consent decree also contains provisions sanctioning the effective destruction and/or tampering of evidence critical to the DFEH’s case, such as personnel files and other documents referencing sexual harassment, retaliation, and discrimination.” Which, to spell it out a little easier, would mean for employees to obtain monetary relief from this proposed $18-million fund, a waiver would be signed sealing/destroying files such as those cataloged by HR on everything the DFEH has been investigating.

In response to the objection, an Activision-Blizzard representative said to GamesIndustry.biz: “We are committed to making Activision Blizzard the most welcoming, inclusive, and safe workplace possible. Our agreement with the EEOC reflects that commitment to significant improvements and transparency, as well as making immediate compensation available to eligible employees who choose to participate.” Essentially saying the same thing as the press release on the settlement, pretty much. The statement ended with, “Activision Blizzard is ensuring a workplace free from discrimination, harassment, or unequal treatment of any kind.”

Editor’s Note: Following the writing of this article, it was revealed that there may be possible conflicts of interest within the case, as covered by PC Gamer here.