CWA Also Objects to Activision Blizzard Settlement

The Communication Workers of America has filed its own legal objection to the settlement proposal for the lawsuit filed against Activision Blizzard by the US Equal Employment Opportunity Commission (thanks Following the news 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 the document:

  1. 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.
  2. 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.
  3. 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.
  4. 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?
  5. The Consent Decree requires notice to the employees. We have not seen that form or notice, so please provide any proposed notice.
  6. 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 VII.