The Communication Workers of America has filed its own
to the settlement
for the lawsuit filed against Activision Blizzard by the US Equal
Employment Opportunity Commission (thanks
). Following the
of an objection by the California Department of Fair Employment and
Housing comes word that this labor union disapproves of the plan as well: "The
Communications Workers of America believes that there are a number of serious
deficiencies in the proposed Consent Decree and the Union would like those
deficiencies addressed at a fairness hearing. Generally a union has standing to
raise such issues." Here's are a handful of more than 30 objections listed in
- Why were the employees not consulted prior to the agreement of the
proposed Consent Decree? These EEOC standards regarding Consent Decree
Decrees require communication with employees who are affected by a Consent
Decree before entering into any proposed Consent Decree.
- The Consent Decree has a reference to waivers. We have not seen any
potential waivers, and we are concerned that they be limited to the narrow
allegations of the complaint and do not affect any private right of action
or claim under state law, other federal laws or other laws or regulations.
- The settlement amount of 18 million dollars seems woefully inadequate.
This would provide the maximum settlement for only 60 workers. If any
significant number of workers received the maximum under federal law, there
would be little available for many other workers adversely affected. We are
concerned about how the EEOC got to that number and how it believes that
number will be fairly distributed. Please explain.
- This proposed Consent Decree seems to be an attempt to preempt the
parallel suit brought by the Department of Fair Employment and Housing under
California law. California law provides for greater remedies, and the DFEH
seems much more willing to aggressively and effectively pursue litigation.
Please explain why this Consent Decree was suddenly entered into shortly
after the DFEH’s complaint was filed and has become active. Do you plan to
seek input from the DFEH?
Why was this not coordinated with the DFEH?
- The Consent Decree requires notice to the employees. We have not seen
that form or notice, so please provide any proposed notice.
- The Consent Decree refers in several parts to “retaliation.” We are
concerned that retaliation will encompass claims under state law and other
federal laws such as the National Labor Relations Act.
Please explain how you intend to limit any waiver to retaliation under Title