Activision Blizzard Seeks to Scale Back California Sex Bias Suit

Activision Blizzard Inc. is asking a state court to exclude contract or temporary workers from a lawsuit filed by California’s civil rights agency.

The California Department of Fair Employment and Housing sued Activision in July, alleging the World of Warcraft-maker fosters a “frat boy” culture in which women are subjected to sexual harassment and are discriminated against in compensation, promotion, and termination.

In an amended complaint filed in August, the agency expanded the group of workers it seeks to represent by adding temporary and contract workers, Activision told the Los Angeles Superior Court on Monday.

California law requires DFEH to give notice with respect to the particular class it suspects was subjected to violations of the state’s Fair Employment and Housing Act, according to Activision. When DFEH served Activision with a notice of complaint and its intent to investigate in 2018, it alleged the company may have engaged in discriminatory practices against female employees and job applicants, the company said. The notices did not indicate that the agency’s investigation would extend to contingent or temporary workers.

The amended complaint also changed the word “employees” to “workers” in each of the causes of action brought on their behalf, Activision said. The agency, though, didn’t name the actual employers of the temporary or contract workers, the game maker said.

In addition to excluding all but employees from the lawsuit, Activision also sought a court order requiring DFEH to amend its complaint to identify the specific time period covered.

The agency created “a moving target” regarding both the composition of the putative group, but also the parameters of its claims, the filing said.

The game maker also asked the court to strike “boilerplate” claims for termination, constructive discharge, and waiver of rights under the FEHA.

“While DFEH pled salacious (but erroneous) details about a few isolated incidents to grab headlines,” the complaint lacks any facts specific to Activision regarding those claims, it said. “The [First Amended Complaint’s] vague and conclusory allegations appear designed as a guessing game.”

Paul Hastings LLP represents Activision.

The case is Calif. Dep’t of Fair Emp. & Housing v. Activision Blizzard Inc., Cal. Super. Ct., No. 21stcv26571, 11/8/21.