Is this how Blizzard takes accountability for harassing female employees?

Community General Discussion
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We read the statements Blizzard provided for it’s disturbing, disappointing, and unacceptable behavior towards women employees. As a female game player, it would have been easier to cut my losses and leave this game, but if you leave then change doesn’t happen. All the accountability statements and how Blizzard was making sure this never occurs again. This is how Blizzard shows accountability - by silencing and erasing it’s unacceptable behavior??? This is a slap in the face to the employees who endured this hardship and the player base!!!

For those posting this is just a policy of HR to remove this information - it is not, which is why it was made part of the agreement, those who accept the settlement agree to have this removed from the file: See No More Secret Settlements link below.

I hope people don’t dismiss this, the women involved are daughters, wives, and mothers who endured the harassment and pregnancy discrimination.

Article by * COLETTE BENNETT

  • 10 HOURS AGO

The game publisher did get one reprieve this week, however: An $18 million settlement for female employees of the company that alleged they experienced sexual harassment and pregnancy-related discrimination.

However, the fine print is worth a read (and a think). It states that by filing a claim, defendants agree to “remove from the personnel files of each Eligible Claimant any references to the Eligible Claimant’s allegations of sexual harassment, pregnancy discrimination, or related retaliation or determined by the EEOC to be related to such allegations.”

In other words, once you agree to getting a relief payout, it’s like your harassment never happened in the first place.

https://www.thestreet.com/investing/activision-blizzard-us-senators-letter?puc=yahoo&cm_ven=YAHOO

https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/sexual-harassment-settlements-in-california-.aspx

*BLIZZARD EMPLOYEES: Critics of the EEOC settlement, apart from the DFEH, include a significant number of Activision Blizzard workers and their ally, media labor union Communications Workers of America (CWA). They believe the $18 million sum is insufficient for potentially hundreds or more victims. In a letter addressed to the EEOC on Oct. 6, the CWA called $18 million “woefully inadequate” and said Activision Blizzard employees and the CWA had “grave concerns” over the settlement agreement.

https://www.washingtonpost.com/video-games/2022/03/29/activision-blizzard-eeoc-settlement/

The new complaint makes it clear that once a company is aware that a complaint has been made against it, it has to “maintain and preserve any and all relevant records and files until such complaint is fully and finally disposed of and all appeals from related proceedings have concluded”.

Instead, the update complaint claims: “DFEH is […] informed and aware that documents and records have not been maintained as required by law, or by the DFEH’s Document Retention Notice, including but not limited to documents related to investigations and complaints were shredded by human resources personnel and emails are deleted 30 days after an employee’s separation.”

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Yes and no. It’s just being removed from your personal file. Same thing happens after you heal from a workplace injury that has resulted in work comp. The reason for this is to remove any prejudice one might have in the future when looking in your personal files to see if you will make a good fit for that department or promotion. It’s still kept on record in HR but not in your personal file anymore.

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Your reaction is understandable, however, the reaction is also that of someone outside the world of HR and Incident Reporting. Citywok has it correct.

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it’s removed from your file so that you cant sue them all over again, it saves trees.

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No actually that is not correct:
Specifically, California Code of Civil Procedure Section 1001 prohibits public and private employers of any size from settling lawsuits and administrative claims using agreements that prevent the disclosure of factual information regarding:

  • Sexual assault.

  • Sexual harassment.

  • Workplace harassment or discrimination based on sex.

  • The failure to prevent acts of workplace harassment or sex discrimination.

  • Retaliation against workers who report sexual harassment or sex discrimination.

https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/sexual-harassment-settlements-in-california-.aspx

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That’s what settlements are. You agree to terms to drop the case. Usually the price is a ton of money in exchange for not admitting guilt/gag order. Disclosing the amount is actually unusual in this case.

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Again that information is not being withheld or hidden. It’s just no longer in your personal file. It’s still easily obtainable by yourself or anyone else in or outside the company who has rights to access the information. Ain’t no fire here champ it’s standard practice

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If it was an HR policy or a matter of course or practice, they would not have a need to stipulate it as part of the agreement.

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And seeing as how practically everyone that surfs the internet or watches Tv knows about it already . . .

Semper Fi! :us: :ukraine:

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The must agree to “REMOVE” from file.

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Yea from personal file it is removed hence remove. The same terminology is also used in workplace injury claims, personal leave claims and a multitude of others that are no longer kept in ones personal files. The reason for this has already been explained.

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The money doesn’t make the silence or the removal of what happened from the files right.

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That is not correct, please review the link to California law. Again, they must agree to have it removed because it was added as a condition by Blizzard. It wouldn’t need to be part of the agreement if it was a regular course in HR practices.

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So what exactly did you expect them to do?

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Wonder how long til Brislode posts a gif

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As the writer noted: like your harassment never happened in the first place - I expected Blizzard to take accountability.

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The writer is a clown and apparently doesn’t understand how legal things of this nature occur. Not only that, the people in question were terminated and changes happened within the company as a result. A monetary settlement IS taking accountability, that’s how these things work.

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OP,
As mentioned, CA law prohibits the destruction or “hiding” of such info. It is just going to be removed from their file. The women do have the option of not agreeing with the settlement if they do not like the terms.

This is not necessarily true. There is little incentive to change if people are paying a monthly sub and a lot of incentive to change when they go spend their money elsewhere.

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It is though, like I said it common practice and the same words and practices are used in a multitude of other claims. I feel like you don’t know what is in a personal file and what we keep in HR. Your personal file will only keep letters of recommendation, awards and referrals. We don’t actually keep complaints from you or against you in your personal file. All of that goes to HR. We have all that information and more

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I rather be a clown, than complicit. Here from Blizzards employees - their thoughts on the settlement:

Critics of the EEOC settlement, apart from the DFEH, include a significant number of Activision Blizzard workers and their ally, media labor union Communications Workers of America (CWA). They believe the $18 million sum is insufficient for potentially hundreds or more victims. In a letter addressed to the EEOC on Oct. 6, the CWA called $18 million “woefully inadequate” and said Activision Blizzard employees and the CWA had “grave concerns” over the settlement agreement.

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