US District Judge Dale Fischer today approved an $18 million settlement with the Equal Employment Opportunity Commission. This settlement comes months after Activision Blizzard originally agreed to be agreed with the EEOC on September 27, 2021. But those trying to hold the game publisher accountable are divided on how much profit this will ultimately be for the victims of Activision Blizzard Frat Boy culture.
During the settlement hearing, an attorney acting on behalf of the California Department of Fair Employment and Housing (DFEH) argued that EEOC’s request to proceed with the settlement violated states’ rights to their own jurisdiction. He explained that the EEOC’s intervention was due to the enormity of Activision Blizzard’s violation, and not due to normal legal process.
The EEOC argued that the DFEH had months to make the federalism argument but chose instead to address it at “the eleventh hour”. The DFEH was accused of derailing and delaying the settlement process while Activision Blizzard cooperated with the federal government. The angry judge reiterated that the DFEH’s argument was “outdated” and that anyone who disagreed with the settlement could take it to the Ninth Circuit Court.
According to the Washington Post, the settlement could prevent the DFEH, which is also taking legal action against Activision Blizzard, from seeking further monetary damages. This means the settlement could be a loss for both the DFEH’s case and the company’s victims of sexual harassment, as state agencies have historically been more aggressive than federal procedures like that of the EEOC.
The DFEH is bring your own lawsuit against the call of Duty Publisher, but the EEOC comparison contains a clause This allows Activision Blizzard to remove sexual harassment allegations from settlement applicants’ files, thereby hampering the DFEH process. The settlement also allows the publisher to use unclaimed funds for its own women’s charity fund. DFEH fears control of some of the money could return to the company that is being penalized by the settlement.
The original proceedings were held up by the DFEH, who made an application intervene last October. However, this filing in October allowed the EEOC to do so react with your own contradictionwhich claimed that the DFEH lawyers suffered from ethical violations.
Also last October Communications Workers of America filed an objection against the then possible comparison with the EEOC. According to the union, $18 million (or $450 per plaintiff) is a drop in the bucket for Activision Blizzard Paid $150 million to its CEO Bobby Kotick in 2020. In fact, Kotick will reportedly receive a payout from leaving Activision Blizzard $390 million. That’s an enormous sum for the man who was voted unconfident 1,200 employees.
The DFEH lawsuit is currently set for February 27, 2023.
https://kotaku.com/activision-blizzard-settlement-eeoc-dfeh-trial-call-of-1848719873 Activision Blizzard Court Approves $18M Settlement