Sexual Harassment Lawsuit Against Billion Dollar Gaming Company

What not to do in a sexual harassment lawsuit In September 2021, the Equal Employment Opportunity Commission (EEOC) filed a sexual harassment lawsuit against the gaming company Activision Blizzard. The lawsuit alleged violations of sexual harassment, pregnancy discrimination and retaliation. Furthermore, it was a class action lawsuit, naming 10 John Does as defendants. Cnet.com reported that the company reached an $18 million settlement with the EEOC to compensate and make amends to the plaintiffs. Activision Blizzard is a multi-billion dollar company and one of the world’s largest gaming companies. This was not the only lawsuit filed against Activision Blizzard, but is the most recent of a number of lawsuits. The California Department of Fair Employment and Housing filed a lawsuit against the company in July, based on allegations of discrimination and harassment. More than 2,000 employees signed an open letter for the company to take action in support of the harassment victims. In July, employees staged a walkout protest that demanded accountability from the company. Other complaints also existed—one to the National Labor Relations Board and another complaint that resulted in an SEC investigation for sexual misconduct. How the EEOC Deals with Sexual Harassment and Discrimination Claims In a sexual harassment lawsuit brought by the Equal Employment Opportunity Commission (EEOC), companies typically have the opportunity to settle out of court. Willingness to correct sexual harassment in the workplace and undergo conciliation is an early step in dealing with the EEOC. The EEOC first conducts an investigation to determine whether the claim has merit. If the EEOC does not find reasonable evidence, it will issue a Dismissal and Notice of...

Sexual Harassment Accusations Against Governor Cuomo

Employer Defense Against Sexual Harassment Claims Sexual harassment accusations against Governor Cuomo began with one allegation. Subsequently, a second aide added her own allegation to the first, and now a third woman has come forward with her own story alleging sexual harassment against the governor. Legal Proceedings to Address the Case Governor Cuomo formally referred the case to the Attorney General’s Office, which would enable an investigation with subpoena power. He stated that he wanted a thorough and independent review that was above reproach and political interference. For this reason, he requested a qualified private lawyer to do an independent review of the sexual harassment allegations. New York’s Recently Passed Sexual Harassment Law As a result of the New York sexual harassment law passed in 2019, the federal standard of “severe or pervasive” no longer applies when bringing a sexual harassment claim. Previously, the plaintiff had to prove that the sexual harassment was severe. Or, the plaintiff had to prove that the harassment took place over an extended period of time, making it pervasive. An article published by the American Bar Association explains the nuances of the recent law. Under the recent law, sexual harassment examples would include unwelcome sexual advances, sexually motivated physical contact, requests for sexual favors or other physical or verbal conduct or communication that was sexually motivated. It the conduct interferes with work performance or creates an offensive work environment, then it also would be sexual harassment. A single instance might be sufficient to rise to the level of sexual harassment. Affirmative Defense Against Sexual Harassment Allegations To avoid liability for sexual harassment, a defense...

Sexual Harassment by Customers—Employer Responsibility

Could You Be Liable If a Customer Harasses Your Employee? Employers must address sexual harassment by customers in addition to harassment by other employers. Courts can hold employers accountable if they fail to take reasonable actions to prohibit a hostile work environment and protect an employee. While the “customer is always right” is a maxim that people in business try to follow, under these circumstances the customer is not right. EEOC v. Costco Wholesale Corp. A case in point is the EEOC v. Costco Wholesale Corp. case. The U.S. Court of Appeals for the Seventh Circuit reviewed the case and in 2018 ruled in favor of the EEOC. Case Details A customer stalked a Costco employee for over a year. The employee reported the stalking to her managers. However, because the managers did not believe the harassment was severely sexual in nature, they did not take stronger actions quickly enough to prevent it. After some time, Costco did tell the customer to leave the employee alone. In fact, Costco eventually banned the customer from the store where the employee worked. However, these actions were taken after constant encounters that lasted over more than a year where the customer repeatedly stalked the employee. He constantly asked her personal questions, touched her on several occasions and then came in disguise to observe her and later on, even took a video of her. After her third interaction with the customer, the employee filed a police report about the stalking. Subsequently, the police called the Assistant General Manager about the report, and as a result he yelled at the employee and told her...

What the New Anti-Sexual Harassment Law Means for NY Employers

Is There Liability You Could Face that You Did Not Face in the Past? The NYS new anti-harassment law has a number of sweeping changes. For one, it applies to all protected classes under New York Human Rights Law, not only to sexual harassment cases. Protected classes include discrimination based on: Age Creed Race Color Sex Sexual orientation National origin Marital status Domestic violence victim status Criminal or arrest record Predisposing genetic characteristics New Anti-Sexual Harassment Law Burden of Proof for a Hostile Work Environment The “Severe or Pervasive” Standard Under the previous law, to succeed in a claim, an employee suing an employer for discrimination had to prove that harassment was “severe and pervasive.” Rape or beating up an employee based on their protected class would be obvious examples of a severe act. More often though, the courts looked for pervasive harassment, such as continually making racial slurs or frequently touching the employee in a sexual way over a period of time. Workplace comments had to rise to the level of vulgar and humiliating verbal assaults rather than occasional teasing or jokes. In some instances, a combination of unwelcome physical acts, such as forcible touching and verbal abuse would meet the burden of proof. Unless employees could provide evidence that rose to that level of proof, they would not have an actionable claim. The New Burden of Proof: Rising Above “Petty Slights and Trivial Inconveniences” With the new law, the burden of proof has changed from “severe and pervasive” to “rising above petty slights and trivial inconveniences.” An affirmative defense for an employer is to prove that “the...

Details of the NY Anti-Sexual Harassment Law for 2019

The New NY Anti-Sexual Harassment Law: What Employers Should Know Additional New York State anti-sexual harassment law protections came into existence in August 2019. Under the new law, sexual harassment only has to rise above the level of “petty slights or trivial inconveniences,” which is a much lesser burden of proof. This change will make it much easier for victims to come forward and file a lawsuit against employers. By comparison, under the previous law, the plaintiff would have to prove that sexual harassment was “severe or pervasive.” When Does the New Law Go into Effect? The law will roll out in three stages during the next 60 days. Who Does the New Law Affect and How? The new law amends existing Human Rights Law and includes all public and private employers in New York. Also, the law increases the statute of limitations (time limit to file a lawsuit) from one year to three years. How Do the Changes Affect Employment Agreements? Employment agreements can no longer prohibit employees from filing a complaint with a state or local agency, nor can it prevent them from testifying in government investigations. In addition, the law prohibits employers from requiring mandatory arbitration in settlement agreements. Arguments against the law and that are in favor of employers are that this is unfair because it weakens employers’ affirmative defense. They would incur significant liability for behavior that occurs outside of work hours that they have no way of knowing about. How Are All Individuals in the Workplace Protected? The new law extends protection beyond private company or government employees and offers protection to the...

A Look Back on Sexual Harassment Charges in 2018

EEOC Sexual Harassment Charges Statistics Surged The increase in sexual harassment lawsuits brought by the EEOC was 50 percent higher in 2018 than they were in 2017. The EEOC filed 66 harassment lawsuits, and of those, 41 involved allegations of sexual harassment. New charges filed with the EEOC that alleged sexual harassment were more than 7,500, which was 12 percent higher than in 2017. The EEOC recovered close to $70 million in settlements of cases that involved sexual harassment issues, which compared with the $47.5 million in settlements recovered for 2017. As the new year begins, we often look back to the previous year, reflect on the changes and hone our perspectives toward progress for the coming year. Facts about the #MeToo Movement and Its Effect on Sexual Harassment In October of 2017, rape and sexual misconduct allegations against Harvey Weinstein were the springboard that propelled the #MeToo movement. Sexual harassment took center stage in the American media’s spotlight. The #MeToo Movement is a movement against sexual harassment and assault. Tarana Burke was the social activist who coined the “Me Too” expression in 2006, and the phrase reappeared in 2017 when actress Alyssa Milano used it on Twitter. The #MeToo movement has been a driving factor in the heightened focus on sexual harassment cases. According to the Washington Post, similar to the celebrity driven #MeToo movement, cases filed with the EEOC saw an increase in sexual harassment cases filed by employees from small businesses — mom-and-pop and everyday companies. The #MeToo movement has increased society’s awareness of the problem and also made it more acceptable for victimized employees to...