For the second time since this year, publisher Activision Blizzard—subject of historical allegations of sexual harassment and gender discrimination– tried to drop the case against him. And it failed the second time.
Earlier this year, the publisher asked the Los Angeles Superior Court to dismiss the case, in an effort to stop the California Department of Civil Rights (formerly known as the California Department of Fair Employment and Housing, or DFEH) from continuing its landmark case. on a technical basis—that is, the department “fails to comply with pre-filing obligations before delivery”—says in august:
We take action to dismiss DFEH’s Complaint as the agency violated its own rules, acted in bad faith, and undermined its authority to bring this case. Our motion is just a few days after we join the EEOC to oppose DFEH’s sixth attempt to break the federal deal reached with the EEOC, which helps Activision build a better and more inclusive workplace and provides relief and closure to current and former employees. came days later.
action also claimed that the CRD “fostered a media campaign to tarnish the reputation of Activision Blizzard,” assuming this will get them off the hook. The court “refused to do that,” however, Activision Blizzard more recently took things to the Court of Appeals, which now says no. Aspect axioms reportsCRD released a statement celebrating this victory earlier this week, saying:
With the Court of Appeals’ rejection of the mandate, the CRD will continue to prosecute 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 working for Activision. The Court of Appeals decision allows the CRD to continue seeking help for the thousands of women in California who have faced gender-based discrimination, harassment and retaliation as Activision employees.
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That means the lawsuit is definitely ongoing at the moment, but it’s not expected to happen until 2023, with both parties requesting delays for various reasons.
UPDATE: An Activision spokesperson tells Kotaku:
The Legislature made clear rules for the DFEH, and the agency ignored those rules in its rush to sue. These were fundamental violations that nullified DFEH’s power to sue. While the District 2’s decision not to take the case before trial was disappointing, we look forward to demonstrating that the rule of law applies equally to those tasked with enforcing it.