Activision Blizzard employees form a committee to fight workplace discrimination

A dozen current and former Activision Blizzard employees have formed a committee aimed at protecting workers from discriminatory practices at the studio, outlining a list of demands for CEO Bobby Kotick, newly appointed diversity officer Kristen Hines and chief human resources officer Julie Hodges. 

As detailed by The Washington Post, the group’s demands include ending mandatory arbitration in discrimination cases, improving on-site lactation rooms, protecting workers from retaliation, increasing support for trans employees and instituting independent investigations in cases of discrimination, including sexual harassment. The employee group, called the Worker Committee Against Sex and Gender Discrimination, submitted their demands to the studio’s leadership team today.

The committee specifically demands private lactation rooms and appropriate storage spaces for breastmilk and pumping equipment. Breastfeeding workers at Activision Blizzard have documented their issues with the studio’s lactation rooms, describing them as filthy, uncomfortable and poorly secured. Employees said fridges for breast milk were also used to store beer, that people pumping often had to sit on the floor and that breast milk was sometimes stolen. In regards to trans rights, the group demands the creation of a trans network similar to the in-house women’s resource network and for software tools to be wiped of employees’ deadnames.

In response to the formal call for change, an Activision Blizzard spokesperson provided Engadget the following statement: “We appreciate that these employees want to join with us to further build a better Activision Blizzard and continue the progress we have already made. We have, for example, already upgraded our lactation facilities, waived arbitration, hired new DEI and EEO leaders, and collaborated with employees to make our policies and processes more trans inclusive, just to name a few issues the letter raises. We thank these employees, and will continue to work with all of our employees on our journey to be a better company.”

In October 2021, Activision Blizzard changed its policies and waived mandatory arbitration for individual sexual harassment and discrimination claims. The company intends to extend this policy to class actions regarding sexual assault or harassment, in order to comply with a US law enacted in early March 2022 banning these types of arbitration agreements.

The changes at Activision Blizzard follow a year of legal troubles, intense regulatory scrutiny and employee walkouts at the studio. Activision Blizzard executives have been accused of cultivating a sexist, discriminatory workplace in multiple lawsuits over the past year. California’s Department of Fair Employment and Housing first sued Activision Blizzard in July 2021 after conducting a two-year investigation into allegations of unchecked sexual harassment, gender-based discrimination and a pervasive “frat boy culture” at the studio. The US Equal Employment Opportunity Commission, a federal group, followed up with a similar lawsuit against Activision Blizzard in September 2021. Activision Blizzard settled the federal EEOC lawsuit this March, agreeing to establish an $18 million fund to compensate employees who experienced discrimination at the studio.

Backed by the Communications Workers of America, Activision Blizzard employees have been advocating for change and unionization — to some degree of success — since the lawsuits were filed. CWA called the $18 million settlement “woefully inadequate,” arguing it would provide the maximum compensation to just 60 workers, when there were likely hundreds of claimants. 

Former Activision Blizzard employee and campaign organizer for the tech-industry group CODE-CWA, Jessica Gonzalez, appealed the $18 million settlement this week, seeking an increase in compensation. Gonzalez is one of the 12 employees in the Worker Committee Against Sex and Gender Discrimination. 

An additional lawsuit accusing Activision Blizzard of sexual harassment, discrimination and retaliation was filed this week by a current employee. And there’s the wide-ranging investigation into the studio’s workplace practices currently underway at the Securities and Exchange Commission.

Update 5/25 11:55AM ET: Added comment from Activision Blizzard.

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Former PlayStation employee files new gender discrimination lawsuit against company

Former PlayStation employee Emma Majo has filed a new lawsuit against the company after her previous complaint was dismissed by a federal judge in April. According to Axios, Majo’s new filing includes many of the same gender discrimination allegations found in her original one, but the scope of the lawsuit is more limited.

Rather than seeking to represent all women employed by Sony’s PlayStation unit in the US as was previously her intent, the complaint instead seeks damages for those women who worked for the company in California. When judge Laurel Beeler dismissed the original case, she said Majo could file again with additional details. The new complaint incorporates allegations from the nine women who came forward to support the first suit.

“Sony tolerates and cultivates a work environment that discriminates against female employees, including female employees and those who identify as female,” the complaint reads. We’ve reached out to Sony for comment. In the meantime, we’ll note the company previously asserted Majo’s claims were based on “unactionable allegations.”

Former Activision Blizzard employee appeals $18 million harassment settlement

Former Activision Blizzard employee Jessica Gonzalez is appealing the publisher’s recent $18 million settlement with the US Equal Employment Opportunity Commission (EEOC). On Monday, the Communications Workers of America (CWA) announced Gonzalez is cha…

NLRB accuses Activision Blizzard of violating labor law by threatening employees

A regional director for the National Labor Relations Board has determined there’s “merit to the allegations” that Activision Blizzard violated the National Labor Relations Act. It says there are indications the company and its subsidiaries Blizzard Entertainment and Activision Publishing maintained an “overbroad social media policy” and that Blizzard threatened employees who were exercising their right to organize. The findings were first reported by Bloomberg and confirmed to Engadget.

“These allegations are false. Employees may and do talk freely about these workplace issues without retaliation, and our social media policy expressly incorporates employees’ NLRA rights,” an Activision Blizzard spokesperson told Engadget in a statement. “Our social media policy explicitly says that it ‘does not restrict employees from engaging in the communication of information protected by law, including for example, rights of employees in the United States protected by the National Labor Relations Act.’”

If the company does not settle the case, the NLRB’s Los Angeles office will file a complaint. That will lead to a hearing in front of an NLRB Administrative Law Judge (unless a settlement is reached in the meantime).

While the agency can’t impose punitive measures against a defendant, it can require them to reverse punishments or policies; reinstate fired workers and provide backpay; or post notices containing promises not to break the law. An NLRB regional director can petition a district court for a temporary injunction if workers’ rights have been violated. The agency can also file cases in federal court.

The allegations were made in September by the Communications Workers of America (CWA). It accused Activision Blizzard in an Unfair Labor Practice filing of telling employees they can’t discuss wages, hours or working conditions; enforcing an “an overly broad social media policy” against workers who “engaged in protected concerted activity” (i.e. their right to organize or discuss unionization); and threatening or suveilling such employees.

The news comes on the same day that votes will be counted in a Raven Software union election. Quality assurance workers at the Activision Blizzard studio, who are organizing with the CWA as the Game Workers Alliance, got the go-ahead from the NLRB to hold a vote. If they’re successful, the group of 21 or so workers will form the first union at a AAA game publisher in North America, despite the company’s reported attempts to stymie their efforts.

Activision Blizzard’s labor practices came under intense scrutiny last July when California’s Department of Fair Employment and Housing accused it in a lawsuit of fostering a “frat boy” culture where sexual harassment and discrimination were present. Other suits have been filed against the company since, including a wrongful death case.

In the wake of the initial suit, Activision Blizzard workers formed an employee advocacy group called A Better ABK. They used social media to organize and share their concerns and demands publicly.

The company is the subject of a proposed $68.7 billion takeover by Microsoft. Its shareholders voted in favor of the deal last month, but regulatory approval is still required.

Update 5/23 3:10PM ET: Added Activision Blizzard’s statement.

DC Attorney General sues Mark Zuckerberg over the Cambridge Analytica scandal

Meta’s Cambridge Analytica woes are far from over. Karl Racine, the Attorney General of the District of Columbia, has sued Mark Zuckerberg. He accused the Meta CEO of having a direct hand in making the decisions that led to the major data breach.

Racine claims that Zuckerberg “contributed to Facebook’s lax oversight of user data and implementation of misleading privacy agreements.” That, according to the suit, allowed consulting firm Cambridge Analytica to acquire personal data on more than 70 million Americans, including more than 340,000 DC residents. The company allegedly used the data to help sway voters in the 2016 presidential election through political ad targeting.

The AG previously sued Meta (then known as Facebook) over the scandal in 2018. That case is still ongoing. This time, Racine is targeting Zuckerberg directly. Under the jurisdiction’s Consumer Protection Procedures Act, which bans unfair and deceptive trade practices, individuals are liable for a company’s actions that they were aware of, controlled or failed to stop.

Racine is seeking a jury trial against Zuckerberg. He wants Meta’s CEO to refrain from future CPPA violations and to pay damages and civil penalties. Engadget has contacted Meta for comment.

“Since filing our landmark lawsuit against Facebook, my office has fought tooth and nail against the company’s characteristic efforts to resist producing documents and otherwise thwart our suit. We continue to persist and have followed the evidence right to Mr. Zuckerberg,” Racine said in a statement. “This unprecedented security breach exposed tens of millions of Americans’ personal information, and Mr. Zuckerberg’s policies enabled a multi-year effort to mislead users about the extent of Facebook’s wrongful conduct. This lawsuit is not only warranted, but necessary, and sends a message that corporate leaders, including CEOs, will be held accountable for their actions.”

Clearview AI fined £7.5 million and told to delete all UK facial recognition data

Clearview AI has been fined £7.55 million ($9.5 million) by the UK’s privacy watchdog for illegally scraping the facial images of UK residents from social media and the web. It was also ordered to stop obtaining the data of UK residents and to delete any it has already collected. “The company not only enables identification of those people, but effectively monitors their behavior and offers it as a commercial service. That is unacceptable,” said UK information commissioner John Edwards in a statement. 

The UK’s Information Commissioner’s Office (ICO) opened a joint investigation with Australia into Clearview AI back in 2020, and issued a preliminary fine of £17 million ($21.4 million) against the company late last year. At the time, the office noted that “Clearview AI Inc’s database are likely to include the data of a substantial number of people from the UK and may have been gathered without people’s knowledge from publicly available information online, including social media platforms.”

In issuing a final injunction, the ICO noted that globally, the company illegally collected more than 20 billion facial images for its database. “Although Clearview AI no longer offers its services to UK organizations, the company has customers in other countries, so the company is still using personal data of UK residents,” it said. 

Clearview AI sells an app that can be used to upload a photo of someone, then try to identify them by check its database. The data has been used by thousands of public law enforcement agencies, despite the technology being in a legal grey area. 

Twitter, Google and YouTube have all sent cease-and-desist letters to the company, alleging that it violates their terms of service. Facebook has also demanded that Clearview stop scraping its data. The company has received complaints from privacy groups in Europe, and was hit with a €20 million fine in Italy.

In the US, the ACLU sued Clearview for violating Illinois state laws. The company recently settled that lawsuit by agreeing to restrict the use of its database in Illinois, though it will still supply it to federal agencies and other states.

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