CRD v. Activision
CRD v. Activision
Chief Counsel
2 ASAF ORR (#261650)
Assistant Chief Counsel
3 CALIFORNIA CIVIL RIGHTS DEPARTMENT
2218 Kausen Drive, Suite 100
4 Elk Grove, CA 95758
Telephone: (916) 964-1925
5 Facsimile: (888) 382-5293
28 Cross-Defendants.
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JOINT STIPULATION FOR ENTRY OF CONSENT DECREE
1 ALEXIS ALVAREZ (#281377)
Associate Chief Counsel
2 LOGAN TALBOT (#300591)
Senior Staff Counsel
3
ELIANA MATA (#327845)
4 Staff Counsel
JUAN GAMBOA (#327352)
5 Staff Counsel
IRENE MEYERS (#340312)
6 Staff Counsel
CALIFORNIA CIVIL RIGHTS DEPARTMENT
7
2218 Kausen Drive, Suite 100
8 Elk Grove, CA 95758
Telephone: (916) 964-1925
9 Facsimile: (888) 382-5293
10 JAHAN C. SAGAFI (#224887)
MOIRA HEIGES-GOEPFERT (#326861)
11
ADAM L. KOSHKIN (#320152)
12 OUTTEN & GOLDEN LLP
One California Street, 12th Floor
13 San Francisco, CA 94111
Telephone: (415) 638-8800
14 Facsimile: (415) 638-8810
15 Email: [email protected]
Email: [email protected]
16 Email: [email protected]
17 CHAUNIQUA D. YOUNG*
REBECCA L. PATTIZ *
18 AMY L. MAURER*
19 EMMA R. JANGER*
OUTTEN & GOLDEN LLP
20 685 Third Avenue, 25th Floor
New York, NY 10017
21 Telephone: (212) 245-1000
Facsimile: (646) 509-2005
22 Email: [email protected]
23 Email: [email protected]
Email: [email protected]
24 Email: [email protected]
25 DANIEL S. STROMBERG*
HANNAH COLE-CHU*
26 OUTTEN & GOLDEN LLP
27 1225 New York Avenue NW, Suite 1200B
Washington, DC 20005
28 Telephone: (202) 914-5097
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JOINT STIPULATION FOR ENTRY OF CONSENT DECREE
1 Facsimile: (202) 847-4410
Email: [email protected]
2 Email: [email protected]
3
Attorneys for Plaintiff
4 CALIFORNIA CIVIL RIGHTS DEPARTMENT
*Admitted Pro Hac Vice
5
PAUL HASTINGS LLP
6 ELENA R. BACA (SB# 160564)
[email protected]
7 FELICIA A. DAVIS (SB# 266523)
[email protected]
8 515 South Flower Street, 25th Floor
Los Angeles, California 90071-2228
9 Telephone: 1(213) 683-6000
Facsimile: 1(213) 627-0705
10
MUNGER, TOLLES & OLSON LLP
11 BRAD D. BRIAN (SB# 79001)
[email protected]
12 KATHERINE M. FORSTER (SB# 217609)
[email protected]
13 L. ASHLEY AULL (SB# 257020)
[email protected]
14 CRAIG JENNINGS LAVOIE (SB# 293079)
[email protected]
15 350 South Grand Avenue, 50th Floor
Los Angeles, California 90071-3426
16 Telephone: (213) 683-9100
Facsimile: (213) 687-3702
17
PAUL HASTINGS LLP
18 RYAN D. DERRY (SB# 244337)
[email protected]
19 101 California Street, 48th Floor
San Francisco, California 94111
20 Telephone: 1(415) 856-7000
Facsimile: 1(415) 856-7100
21
MUNGER, TOLLES & OLSON LLP
22 RICHARD T. JOHNSON (SB# 335434)
[email protected]
23 560 Mission Street, 27th Floor
San Francisco, California 94105
24 Telephone: (415) 512-4000
Facsimile: (415) 512-4077
25
Attorneys for Defendants and Cross-Complainants
26 ACTIVISION BLIZZARD, INC., BLIZZARD
ENTERTAINMENT, INC., and ACTIVISION
27 PUBLISHING, INC.
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JOINT STIPULATION FOR ENTRY OF CONSENT DECREE
1 WHEREAS, the California Civil Rights Department (“CRD”) and Activision Blizzard,
2 Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc. as well as their subsidiaries that
3 operate in the state of California (“Defendants,” and collectively with CRD, the “Parties”), have
4 entered into a binding settlement and have negotiated a proposed Consent Decree (“Consent
5 Decree”), attached hereto as Exhibit 1, to completely and finally resolve this action, entitled
6 California Civil Rights Department v. Activision Blizzard, Inc., Blizzard Entertainment, Inc., and
7 Activision Publishing, Inc., and Does One through Ten, inclusive, Los Angeles County Superior
8 Court Case No. 21STCV26571 (the “Action”); and the related federal proceeding U.S. Equal
9 Employment Opportunity Commission v. Activision Blizzard, Inc., et al., U.S.D.C. C.D. Cal. Case
10 No. CV 21-7682-DSF (JEMx); and all related appeals thereto (9th Cir. Case Nos. 22-55060 and
11 22-55587); and Skinnell v. California Civil Rights Department F/K/A California Department of
12 Fair Employment and Housing, Sacramento Superior Court Case No. 34-2022-80004057-CU-
13 WM-GDS;
14 WHEREAS, the Fair Employment and Housing Act (Gov. Code, §§ 12900 et seq.)
15 authorizes CRD to resolve this litigation through a mutually negotiated settlement that provides
16 relief to CRD, and the group or class of workers on whose behalf CRD sought to recover
17 monetary and injunctive relief;
18 WHEREAS, for purposes of approving the Consent Decree, the Parties have agreed that
19 the Court may approve and enter the Consent Decree without the procedures that apply to
20 approval of a proposed private class action settlement because this is not a class action pursuant
21 to California Code of Civil Procedure section 382;
22 WHEREAS, the Consent Decree was negotiated by CRD, a state agency tasked by the
23 Legislature with enforcing California’s civil rights laws; and,
24 WHEREAS, the Parties agree for the purposes of settlement that terms of the Consent
25 Decree are fair, adequate, and reasonable and conform to California law.
26 THEREFORE, IT IS HEREBY STIPULATED between the Parties, through their
27 respective counsel of record, as follows:
28
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JOINT STIPULATION FOR ENTRY OF CONSENT DECREE
1 1. The Consent Decree sets forth the monetary recovery, including recovery for the
2 eligible workers; details about implementation of the Consent Decree; the Notice and Release to
3 be sent to the eligible workers, and issuance of payment; the injunctive relief; and the settlement
4 of CRD’s claim for attorneys’ fees and costs, as agreed to by the Parties.
5 2. The provisions of the Consent Decree are fair, adequate, and reasonable, and
7 3. Thus, the Parties submit this Joint Stipulation for entry of said Consent Decree.
8 4. Based on the Parties’ Joint Stipulation for Entry of Consent Decree, the Parties
10 a. The clerk shall enter the [Proposed] Order Granting Entry of Consent
12 b. The clerk shall enter the signed Consent Decree, attached hereto as Exhibit
14 c. The signed Consent Decree shall have the effect of a Court order and the
16 d. The Court shall retain jurisdiction over the Consent Decree to the extent set
18 e. The Action shall remain stayed pending expiration of the Consent Decree;
19 and
20 f. Upon the expiration of the Consent Decree, this Action shall be dismissed
21 with prejudice.
22
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JOINT STIPULATION FOR ENTRY OF CONSENT DECREE
1 Dated: December 20, 2023 PAUL HASTINGS LLP
2
3 ________________________________________
Elena R. Baca
4 Attorneys for Defendants ACTIVISION
BLIZZARD, INC., BLIZZARD
5 ENTERTAINMENT, INC., AND ACTIVISION
PUBLISHING, INC.
6
9 ________________________________________
Brad Brian
10 Attorneys for Defendants ACTIVISION
BLIZZARD, INC., BLIZZARD
11
ENTERTAINMENT, INC., AND ACTIVISION
12 PUBLISHING, INC.
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JOINT STIPULATION FOR ENTRY OF CONSENT DECREE
1 EXHIBIT 1
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JOINT STIPULATION FOR ENTRY OF CONSENT DECREE
1 JAMIE CROOK (SBN 245757)
Chief Counsel
2 ASAF ORR (SBN 261650)
Assistant Chief Counsel
3 ALEXIS ALVAREZ (SBN 281377)
Associate Chief Counsel
4 LOGAN TALBOT (SBN 300591)
Senior Staff Counsel
5 ELIANA MATA (SBN 327845)
6 Staff Counsel
CALIFORNIA CIVIL RIGHTS DEPARTMENT
7 2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
8 Telephone: (916) 964-1925
Facsimile: (888) 382-5293
9
Attorneys for Plaintiff
10 CALIFORNIA CIVIL RIGHTS DEPARTMENT
13
28
3 (“CRD”), previously called the Department of Fair Employment and Housing (“DFEH”), filed an
4 employment discrimination complaint alleging unlawful employment practices based on sex under the
5 Fair Employment and Housing Act (“FEHA”) and the California Equal Pay Act (“EPA”) against
6 Defendants Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc.
7 (collectively, “Activision Blizzard”). In bringing this litigation, CRD sought relief in the public interest
8 for the State of California and on behalf of a group or class of women employees and contingent and
10 2. CRD and Activision Blizzard (collectively the “Parties” and each a “Party”) now agree
11 that it is in each side’s best interests, and in the public interest, to fully and finally resolve this matter on
13 3. The Parties jointly seek approval of this [Proposed] Consent Decree (“Decree”), which
14 represents the compromise and settlement of all claims—which Activision Blizzard strongly disputes
15 and the Parties recognize would require protracted and additional costly litigation to resolve. For the
16 purposes of effectuating this settlement only, the Parties hereby agree to the jurisdiction of this Court
17 over the Parties and the subject matter of this action, entitled California Rights Department v. Activision
18 Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc., and Does One through Ten,
19 inclusive, Los Angeles County Superior Court Case No. 21STCV26571 (the “Action”).
20 4. This Decree does not constitute an adjudication or finding by this Court on the merits of
21 any of the allegations asserted in the Action. Each Defendant expressly and unequivocally denies that it
22 engaged in any unlawful conduct asserted in the Action—including but not limited to subjecting any
25 any way required an unlawful waiver of rights. Defendants deny all allegations of wrongdoing, liability,
26 and damages set forth in CRD’s Complaint, First Amended Complaint, and the concurrently filed
27 Second Amended Complaint whether arising under the FEHA, the California Labor Code, or analogous
28 federal and local laws, and deny any group or class discrimination. Defendants deny that CRD complied
3
[PROPOSED] CONSENT DECREE
1 with its statutory pre-filing requirements when it initiated the Action. Nothing contained in this Decree
2 shall be construed as an admission of liability on the part of Activision Blizzard, or any entity of
3 Activision Blizzard.
4 5. No court or any independent investigation has substantiated any allegations that: there
5 has been systemic or widespread sexual harassment at Activision Blizzard; that Activision Blizzard
7 discrimination; or that Activision Blizzard’s Board of Directors, including its Chief Executive Officer,
8 Robert Kotick, acted improperly with regard to the handling of any instances of workplace misconduct.
9 6. Activision Blizzard has maintained positive measures including its continuous review and
10 improvement of company practices and publicly publishing its first annual transparency report on May
11 31, 2023, which provides detailed data about its efforts to prevent misconduct, harassment,
13 7. Gilbert Casellas, the former Chair of the United States Equal Employment Opportunity
14 Commission (“EEOC”), conducted a review of Activision Blizzard’s policies, practices, conduct, and
15 certain company complaint data, and reported there was no widespread harassment or recurring pattern
17 8. Activision Blizzard publicly released its Pay Equity Review for 2020, which states that
18 that there is no gender-based pay disparity disadvantaging U.S.-based women at Activision Blizzard,
19 and publicly released its Global Pay Equity Reviews for 2021 and 2022, which state that there is no
21 9. Activision Blizzard maintains that its data during relevant years reveals that women are
23 10. Pursuant to a compromise in order to resolve the Action, CRD is filing along with the
24 Decree a Second Amended Complaint that withdraws, among other allegations and causes of action, the
25 First Amended Complaint’s Fifth Cause of Action – “Employment Discrimination – Because of Sex –
26 Harassment.”
27 11. The Parties agree for settlement purposes only that the Court may approve and enter the
28 Decree without the procedures that apply to approval of a proposed private class action settlement
4
[PROPOSED] CONSENT DECREE
1 because this is not a class action pursuant to California Code of Civil Procedure section 382. FEHA
2 authorizes CRD to resolve this litigation through a mutually negotiated settlement that provides relief to
3 CRD and the group or class of workers on whose behalf CRD sought to recover monetary and injunctive
4 relief. The Parties agree for the purposes of settlement only that terms of the Decree are fair, adequate,
6 12. Accordingly, CRD and Activision Blizzard, as well as Activision Blizzard subsidiaries
7 that operate in the State of California (collectively, “Defendants”), have entered into this binding
8 settlement and hereby stipulate and agree to entry of this Decree to completely and finally resolve this
10 13. Therefore, the Parties request the Court’s entry of this Decree.
12 I. PARTIES
13 14. CRD is a state agency charged with investigating and prosecuting civil rights
14 enforcement actions. (Gov. Code, § 12930, subd. (f)(1)-(5).) As set forth in Government Code section
15 12900 et seq., CRD is charged with enforcing FEHA, including initiating and investigating complaints
16 on behalf of itself and persons alleged to be aggrieved by discriminatory employment practices. (Gov.
17 Code, §§ 12920.5, 12930, 12961, and 12965.) CRD is additionally authorized to investigate and
18 prosecute claims under Labor Code section 1197.5, which prohibits employers from paying employees
19 of one sex less than employees of another sex for substantially similar work. (Gov. Code, § 12930,
20 subd. (f)(5).)
21 15. Defendant Activision Blizzard, Inc., is now and was, at all times relevant to the Action, a
22 Delaware corporation operating in and under the laws of the State of California and conducting business
23 in Los Angeles, California. Activision Blizzard, Inc.’s corporate headquarters are located in Santa
24 Monica, California. Activision Blizzard, Inc. conducts business through its subsidiaries, which include
25 Defendants Blizzard Entertainment, Inc. (“Blizzard Entertainment”) and Activision Publishing, Inc.
26 (“Activision Publishing”).
27 16. Defendant Blizzard Entertainment is now and was, at all times relevant to the Action, a
28 Delaware corporation operating in and under the laws of the State of California and conducting business
5
[PROPOSED] CONSENT DECREE
1 in Los Angeles, California. Blizzard Entertainment’s corporate headquarters are located in Irvine,
2 California.
3 17. Defendant Activision Publishing is now and was, at all times relevant to the Action, a
4 Delaware corporation operating in and under the laws of the State of California and conducting business
5 in Los Angeles, California. Activision Publishing’s corporate headquarters are located in Santa Monica,
6 California.
7 18. The Parties to this Decree are CRD and Defendants. This Decree shall be binding on and
8 enforceable against Defendants and their respective officers, directors, agents, and assigns.
10 19. CRD’s Director filed a complaint of Group or Systemic Investigation and Director’s
11 Complaint for Group/Class Relief against Blizzard Entertainment on October 12, 2018, an Amended
12 Director’s Complaint on October 29, 2018, adding Activision Blizzard, Inc., and a Second Amended
13 Director’s Complaint on December 7, 2018, adding Activision Publishing (together the “Director’s
14 Complaint”). The Director’s Complaint alleged that Activision Blizzard engaged in discrimination
15 against female employees on the basis of sex/gender, including failing to hire, select, or employ persons
16 because of their sex, as well as discriminating in compensation or in the terms, conditions, and
17 privileges of employment due to their sex. The Director’s Complaint further alleged that Activision
18 Blizzard failed to take all reasonable steps to prevent unlawful discrimination, sexual harassment, and
19 retaliation.
20 20. After conducting an investigation, CRD filed its Complaint in this instant matter on July
22 21. Defendants filed their Answer to the First Amended Complaint on March 17, 2022,
23 denying the allegations therein. On May 9, 2022, Defendants filed a First Amended Answer.
24 22. Concurrent with the filing of this Decree, by stipulation of the Parties, CRD files a
25 Second Amended Complaint. The Second Amended Complaint will be effective only if the stipulation
26 is approved by the Court and the Decree is approved. Otherwise, the First Amended Complaint shall
28 23. In October 2022, the Parties engaged in three days of mediation. Since that time, the
6
[PROPOSED] CONSENT DECREE
1 Parties continued informal settlement negotiations with the assistance of the neutral third-party
2 mediator, which resulted in the execution of a Settlement Agreement on December 11, 2023. This
4 III. PURPOSE
5 24. The purposes of the Parties in entering into this Decree are the following:
6 a. to resolve all allegations, issues, claims, litigation, or proceedings arising from acts that
7 have occurred up until the entry of the Decree as asserted in or reasonably related to the
8 Second Amended Complaint and the Action, according to the terms in this Decree;
10 Commission v. Activision Blizzard, Inc., et al., U.S.D.C. C.D. Cal. Case No. CV 21-7682-
11 DSF (JEMx), and all related appeals thereto (9th Cir. Case Nos. 22-55060 and 22-55587)
14 Fair Employment and Housing, Sacramento Superior Court Case No. 34-2022-
17 e. to provide monetary relief and injunctive remedies for the benefit of the group or class on
19 f. to ensure employment practices in ongoing compliance with the FEHA and California
21 g. to provide CRD’s attorney fees and costs pursuant to Government Code section 12965,
22 subdivision (c)(6).
24 25. The Parties have agreed, for the purpose of settlement, that the Court has jurisdiction over
25 the Parties and has subject matter jurisdiction over the Action, and thus to enter this Decree, under
26 Article VI, section 10 of the California Constitution, Code of Civil Procedure section 410.10, and
27 Government Code sections 12930, subdivision (h) and 12965, subdivision (a)(1).
28 26. The Parties accordingly submit to the jurisdiction of the Court over the Parties, and the
7
[PROPOSED] CONSENT DECREE
1 subject matter of this Action, and agree to the power of this Court to enter a Decree to effectuate this
2 settlement.
3 27. This Decree shall become effective immediately on the date on which this Decree has
5 28. This Decree shall remain in effect for three (3) years after the Effective Date. Absent
6 extension, at the end of the 3-year term this Decree shall expire on its own.
7 29. This Decree, however, shall not expire while any motion or other proceeding to enforce it
9 30. The Court retains jurisdiction over this Action during the duration of this Decree and will
10 have all available powers to enforce this Decree, including but not limited to monetary sanctions,
11 injunctive relief, and extension of the term of the Decree, and the Parties reserve their rights to seek
12 relief from the Court, including such remedies, in the event of a breach of the terms of the Decree. The
13 Action may be administratively closed, but the Second Amended Complaint shall not be dismissed
15 31. Upon termination of the Decree, CRD will dismiss the Action in its entirety with
18 32. Concurrent with the filing of this Decree, CRD shall seek a stay of its related appeals
19 arising from U.S. Equal Employment Opportunity Commission v. Activision Blizzard, Inc., et al.,
20 U.S.D.C. C.D. Cal. Case No. CV 21-7682-DSF (JEMx), (9th Cir. Case Nos. 22-55060 and 22-55587), in
21 the EEOC Action, and, within five (5) court days of the entry of this Decree by this Court, CRD will
22 dismiss these appeals.1 Each Party will bear its own attorneys’ fees and costs relating to the EEOC
23 Action.
24 33. Concurrent with the filing of this Decree, the Parties shall stipulate to stay the PRA
25 Action pending entry of the Decree, and settlement administration, as set forth herein. Defendants will
26
27 1
The Parties agree that the Ninth Circuit’s decision on the pending appeals, or its refusal to stay the
EEOC Action, will have no impact on this Decree or the Parties’ Settlement Agreement, which will
28
remain in full effect.
8
[PROPOSED] CONSENT DECREE
1 cause dismissal of the PRA Action with prejudice within five (5) court days of the conclusion of the
2 settlement administration. Defendants further agree that upon the filing of this Decree, all pending
3 requests for public records from CRD that have been submitted by any person or entity acting at the
4 direction of any Defendant will be stayed and, upon, conclusion of settlement administration,
5 withdrawn. Each side will bear its own fees and costs relating to the PRA Action and will forgo pursuit
8 34. The “Covered Period” is October 12, 2015 through December 31, 2020.
9 35. The “Covered Employee Class” comprises all female2 employees of Defendants who
10 worked in California from October 12, 2015 through December 31, 2020. The women who make up the
12 36. The “Covered Contractor Worker Class” comprises all female employees of third-
13 party labor contractors (“Temporary Staffing Agencies”) assigned to work and who worked at any
14 Defendant entity in California for an aggregated total of at least ninety (90) days between October 12,
15 2015 through December 31, 2020. The women who make up the Covered Contractor Worker Class
17 37. The women who make up the Covered Employee Class and Covered Contractor Worker
18 Class defined in Paragraphs 35 and 36 shall collectively be referred to as the “Covered Individuals.”
20 38. In settlement of this instant Action, Defendants shall pay a “Maximum Settlement
21 Amount” of $45,750,000.00 dollars. The Maximum Settlement Amount will be used to compensate
22 Covered Individuals as set forth below in Paragraph 41 and to pay for the costs of settlement
23 administration.
24 39. The Maximum Settlement Amount excludes the employer’s portion of any state, local,
25 and/or federal payroll taxes due for any portion of payments to Covered Individuals that is treated as
26
2
For purposes of the Decree, the terms “female(s),” “woman,” and “women” are used for ease of
27 reference and are inclusive of anyone who, according to their employment records, has self-identified to
Defendants or the Temporary Staffing Agencies as a cisgender woman or transgender woman at any
28
time during the Covered Period.
9
[PROPOSED] CONSENT DECREE
1 wage income; attorneys’ fees and costs to paid to CRD; and the costs of implementation of injunctive
3 40. Defendants shall transfer, via wire transfer(s), the Maximum Settlement Amount and
4 employer’s portion of any state, local, and/or federal payroll taxes due for any portion of payments to
5 Covered Individuals that is treated as wage income, within fifteen (15) days of the Settlement
6 Administrator (as described in Section XII) providing the Total Individual Payment (as defined in
9 Settlement Amount minus the costs of settlement administration equals the “Net Settlement Amount,”
10 and shall be distributed to Covered Individuals through a payment allocation process, as follows:
11 a. Identification of Covered Individuals: Within thirty (30) days of the date on which the
12 Settlement Administrator is engaged after the Court enters this Decree, Defendants will
13 provide the Settlement Administrator with the information relevant to the calculation of
14 payments and implementing the terms of the Decree (including names, date of
16 regarding any release entered into) for the Covered Employee Class. Within five (5)
17 court days of entry of the Consent decree, Defendants will contact the Temporary
18 Staffing Agencies that employed the Covered Contractor Worker Class and work in good
19 faith to promptly secure the information relevant to the calculation of payments and
20 implementing the terms of the Decree (including names, date of employment, social
21 security numbers, available contact information, and information regarding any release
22 entered into) for the Covered Contractor Worker Class. CRD will work in good faith
23 with Defendants to assist in securing this information. Defendants will use their best
24 efforts to provide such information to the Settlement Administrator within sixty (60) days
25 of the date on which the Settlement Administrator is engaged. The Parties agree to work
26 in good faith to resolve any deficiencies in data or information from the Temporary
28 b. Minimum Payment Calculation: Each Covered Employee and each Covered Contractor
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[PROPOSED] CONSENT DECREE
1 Worker will receive a Minimum Payment in an amount to be determined by CRD after
3 i. The Minimum Payment amount for Covered Employees may differ from the
4 Minimum Payment amount for Covered Contractor Workers. Those numbers will
7 ii. The sum of all Minimum Payments will equal the “Minimum Payment Fund.”
8 c. Tenure Payment Calculation: The Tenure Fund will equal the Net Settlement Amount
9 minus the Minimum Payment Fund and a $1,000,000 Set-Aside Fund that the Settlement
11 Paragraph 46. The Tenure Payment for each Covered Individual will be calculated as
12 follows:
13 i. Each Covered Individual will receive 2.0 points for each pay period she worked
15 ii. Each Covered Individual will receive 1.0 point for each pay period she worked as
17 iii. The Settlement Administrator will allocate to each Covered Individual a Tenure
18 Payment equal to the Tenure Fund multiplied by a fraction comprising the total
19 number of points assigned to that Covered Individual divided by the total number
21 d. Total Individual Payments: Each Covered Individual’s “Total Individual Payment” shall
22 equal (1) her Minimum Payment plus (2) her Tenure Payment minus (3) her Offset
23 Deduction, if any, as set forth in Paragraph 41(e) plus (4) her Reallocation Payment as set
26 i. The Minimum Payment plus Tenure Payment to any Covered Individual who
27 signed, before the date of the filing of the Decree, an agreement with any of
28 Defendants that purports to release any or all claims asserted in the Action, to the
11
[PROPOSED] CONSENT DECREE
1 extent that the released time period overlaps with the Covered Period (“Separate
2 Release Signatories”) and to the extent the previously released claims overlap
4 ii. The Offset Deduction will equal 2.0 times the amount of any payment the
7 Minimum Payment, the Covered Individual will receive her Tenure Payment.
8 iii. The Parties agree that any payment made to any Separate Release Signatories
11 f. Reallocation Payments: The sum of all Offset Deductions shall be allocated to all
13 Payments and their individual Offset Deductions. For example, someone with a Tenure
14 Payment of $8 and an Offset Deduction of $2 will receive twice as much from the
18 a. Any funds remaining in the Net Settlement Fund following the allocation process set
20 who fail to negotiate their settlement payments within the one hundred eighty (180) day
21 deadline and any money remaining in the Set-Aside Fund, will be allocated to a
22 Redistribution Fund. The Settlement Administrator will allocate the Redistribution Fund
25 b. All participating Covered Individuals who receive a second payment from the
26 Redistribution Fund shall have one hundred eighty (180) days to deposit or cash that
27 check.
28 c. After the second distribution set forth in Paragraph 42(a) is completed, the value from
12
[PROPOSED] CONSENT DECREE
1 any remaining uncashed checks will be allocated to the Cy Près Residual Fund, for cy
2 près charitable organizations identified by CRD that have a primary mission either (a) to
3 promote employment rights for workers in California, and/or (b) to advance the interests
9 any payment under this Decree, do not intend anything contained in this Decree to
10 constitute advice regarding taxes or taxability, and nothing in this Agreement may be
11 relied upon as such. CRD and Covered Individuals shall be solely responsible for
12 correctly characterizing any compensation received under this Decree on their respective
13 personal income tax returns for tax purposes, and paying all appropriate taxes due and
14 penalties assessed on any and all amounts paid to them under this Decree. Covered
15 Individuals who opt in, by accepting their Total Individual Payment, will hold the Parties
16 free and harmless from and against any claims resulting from treatment of such payments
19 VIII. NOTICE
20 44. The Settlement Administrator will provide each Covered Individual notice of the
21 Settlement via individualized notice (“Notice”), in substantially similar form as the Notice hereto as
22 Exhibit A. The Notice shall be sent via mail, email, and text message, to the extent such contact
23 information exists for any Covered Individual. Mailed notices will be sent with the Covered
24 Individual’s Individual Settlement Payment via an appropriately secure method consistent with the
26 Settlement Payment will be sent within fifteen (15) days of receipt of the wired funds for such payments,
13
[PROPOSED] CONSENT DECREE
1 a. Provide the following information for each Covered Individual:
13 b. Summarize the claims asserted under the Second Amended Complaint and included
14 within the Covered Individual Release (as defined in Paragraph 52) to be enclosed,
15 specifically recite that the Court did not rule on the merits and there has been no finding
16 or admission of liability, and explain the process by which a Covered Individual may
18 46. If a Covered Individual wishes to dispute the time period(s) listed on her notice, she must
19 produce appropriate evidence to the Settlement Administrator, consistent with the procedures set forth in
20 the Notice. Defendants’ records will be presumed determinative for Covered Employees and the records
21 of the relevant Temporary Staffing Agencies will be presumed determinative for Covered Contract
22 Workers, but the Settlement Administrator will have discretion to make the final decision as to each
24 47. The Covered Individual will be deemed to have fully participated in the monetary
25 recovery provisions of the Decree by depositing or cashing the applicable Total Individual Payment
26 within one hundred eighty (180) days of the date of the check, and in doing so, the Covered Individual
27 will release claims according to the Covered Individual Release that is substantially similar to Exhibit B.
14
[PROPOSED] CONSENT DECREE
1 48. Any Covered Individual who fails to deposit or cash the Total Individual Payment within
2 one hundred eighty (180) days of the date of the check will be deemed not to have participated in the
3 monetary recovery provisions of the Decree and not to have released any claims. As set forth in
4 Paragraph 42, her Total Individual Payment will be allocated to the Redistribution Fund.
5 49. If any Notice and Total Individual Payment is returned as undeliverable, the Settlement
6 Administrator shall search the National Change of Address database again for a more current address of
7 the Covered Individual and re-mail the Notice and Total Individual Payment to any alternative or
8 updated address that is located (if located), within fourteen (14) days of the Total Individual Payment
9 being returned as undeliverable. If an alternative address cannot be located for a Covered Individual,
10 her allocated payment(s) shall be redistributed, as if she had not cashed or deposited them, consistent
12 IX. RELEASES
13 50. This Decree fully and completely and finally resolves all allegations, issues and claims,
14 litigation, or proceedings, arising from acts that occurred through the entry of the proposed Consent
15 Decree, as asserted, or reasonably related to, any claims made in the Action, as set forth herein.
16 51. CRD’s Release: Through this Decree, CRD fully and finally releases Defendants,
17 including each of their past and present successors, subsidiaries, parents, holding companies, related or
18 affiliated companies and divisions, assigns, joint ventures, temporary staffing agencies who assigned
19 contingent or temporary workers to any of Defendants’ offices, and any individual or entity who could
20 be jointly liable to the Covered Individuals, as well as all of these persons’ and entities’ past or present
22 attorneys, insurers, re-insurers, fiduciaries, successors, and assigns, both individually and in their official
23 capacities, and persons acting by, through, under, or in concert with any of these persons or entities
24 (“Released Parties”) from any and all known or unknown claims that were asserted or could have been
25 asserted in the First Amended Complaint in the Action or arising from the same factual predicate,
26 whether asserted under state, federal, or local law, that arose at any time through the date of approval
27 and entry of the proposed Decree, including claims for gender discrimination (including, but not limited
28 to pay discrimination and promotion discrimination), and retaliation for complaining about gender
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[PROPOSED] CONSENT DECREE
1 discrimination in violation of FEHA (Government Code section 12940, subdivisions (a), (j), and (h));
2 gender-based harassment, and retaliation for complaining about gender harassment in violation of FEHA
3 (Government Code section 12940, subdivisions (a), (j), and (h)), and Title VII of the Civil Rights Act of
4 1964 and Title I of the Civil Rights Act of 1991; waiver of rights, forums, or procedures and release of
5 claims in violation of Government Code sections 12953 and 12964.5, and Labor Code section 432.6;
6 aiding and abetting violations of FEHA in violation of Government Code sections 12940, 12948, 12975,
7 and Civil Code section 51.9; failure to prevent gender-based discrimination, harassment, and retaliation
8 in violation of the Fair Employment and Housing Act (Government Code section 12940, subdivision (k)
9 and Code of Regulations, Title 2, sections 11021-11023); failure to maintain adequate records in
10 violation of California law (Government Code section 12946 and Code of Regulations, Title 2, section
11 11013); gender discrimination because of sex in violation of the California Equal Pay Act (Labor Code
12 section 1197.5, subdivisions (a) and (k), and Government Code section 12930, subdivisions (f)(5)).
13 52. Covered Individuals: A Covered Individual must voluntarily choose to deposit or cash
14 her Total Individual Payment, as described in Section VII (after receiving Notice of Settlement,
15 substantially in the form attached hereto as Exhibit A), to release any individual claims. Covered
16 Individuals who choose to opt in by accepting their Total Individual Payment will release claims
17 consistent with the individual release form that is attached hereto as Exhibit B (“Covered Individual
18 Release”).
19 53. This Decree does not resolve any administrative complaints that are either (a) filed after
20 the date this Court enters the Consent Decree or (b) not released under this Decree. CRD reserves all
21 rights to proceed regarding matters not covered in this Decree. Each individual release pursuant to
22 Paragraph 52 encompass only those claims covered in the Covered Individual Release, and nothing
23 more.
24 54. This Decree in no way affects CRD’s rights or authority regarding issues or complaints
25 outside the scope of this Decree. For example, CRD maintains the power to bring, process, investigate,
26 or litigate other complaints that later arise against Defendants in accordance with standard procedures
27 and authorities. This Decree shall in no way hinder or affect a real party in interest’s right to file a
28
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[PROPOSED] CONSENT DECREE
1 complaint with CRD or any other applicable agency, or to participate in a government investigation or
4 55. Activision Blizzard agrees to implement the following measures for a period of three
5 years from the date of approval of this Decree. Defendants shall bear the costs associated with this
10 55(b).
11 b. Report and Recommendations: Within sixty (60) days of selection of the Consultant, the
12 Consultant will prepare a report that describes the scope and manner of the Consultant’s
13 analysis of, and contains any findings and recommendations regarding, Activision
14 Blizzard’s practices for complying with this injunctive relief. In the report, the
15 Consultant will:
17 minimum standards and preferred qualifications for applicants for the job codes
19 ii. Evaluate and recommend a specific policy around leveling of roles used for new
22 electronic process to document new hire compensation decisions for the named
28 Paragraph 55(b), the Consultant will report to CRD its recommendations and whether
17
[PROPOSED] CONSENT DECREE
1 Defendants have agreed to implement the recommendations. If Defendants reject any of
2 the Consultant’s reasonable recommendations, Defendants shall provide CRD with their
3 reasons, and will engage with CRD in good faith to identify and implement mutually
4 acceptable and effective measures consistent with the best practices of other similar high-
6 by the Consultant will not be considered a material breach of the Decree. This term shall
9 d. Outreach, Inclusion, and Retention: Defendants will continue their efforts regarding
11 At least forty-five (45) days before implementing any changes in current efforts in this
12 regard during the duration of the Decree, Defendants will notify the Consultant and CRD
13 and will consider their views and recommendations, if any, on such changes.
14 e. Training: Defendants agree to review their training materials for California employees to
15 ensure compliance with (i) any policy modifications resulting from the Consultant’s
16 review and (ii) California Code of Regulations, Title 2, section 11024, and to incorporate
18 Consultant. CRD agrees that it will negotiate with the EEOC to find a resolution should
20 made by the EEO Consultant under the consent decree in the EEOC Action.
21 f. Commitment to Transparency:
23 disclosure to the applicant at the beginning of the hiring and promotion process
26 communicate with the government about any matter, to file or pursue a civil
27 action or complaint, and to notify any state agency, other public prosecutor, law
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[PROPOSED] CONSENT DECREE
1 unlawful employment practice, and will not intentionally interfere with the
6 56. The Parties have agreed to settle CRD’s claim for attorneys’ fees and costs for
7 $9,125,000.00, and consistent therewith, Defendants will not oppose any request or submission for such
8 a payment of attorneys’ fees and costs up to that amount. At the same time as Defendants transfer the
10 Defendants will deposit the court-approved attorneys’ fees and costs payment with the Settlement
12 57. CRD is submitting declaration evidence to support approval of the Decree, including this
14 58. The Parties will provide the Court’s order approving the Decree, including attorneys’ fees
15 and costs, which will specify the payments due to CRD and its counsel Outten & Golden LLP, to the
16 Settlement Administrator. The Settlement Administrator will render these payments to CRD and Outten
17 & Golden LLP on the same date on which the first payments to Covered Individuals are issued
19 59. The total payment of attorneys’ fees and costs as provided in this Section XI shall
20 constitute full satisfaction of Defendants’ and/or any of the Released Parties’ obligations to pay amounts
21 to any person, attorney, or law firm for attorneys’ fees, expenses, or costs incurred on behalf of CRD
22 arising out of the facts and allegations asserted in the operative Second Amended Complaint or under
23 this Decree.
25 60. Settlement Administrator Selection: Within thirty (30) days of entry of the Consent
26 Decree, the Parties will select a neutral third-party Settlement Administrator to administer the payments
28 61. Covered Individual Data: No later than sixty (60) days after the Court enters this Decree,
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[PROPOSED] CONSENT DECREE
1 Defendants will provide to the Settlement Administrator data necessary to complete and send the Notice
2 and calculate Total Individual Payments for each Covered Individual, including any applicable
3 settlement agreement and release for purposes of an Offset Deduction calculation, consistent with
4 Paragraph 41, above. The Parties shall work in good faith to address and resolve any data deficiencies
7 a. The Settlement Administrator will: (i) mail, email, and text message, to the extent that
9 obtain forwarding addresses as needed, and through any additional means agreed to by
10 the Parties; (ii) create and maintain a website, email address, and toll-free telephone
11 number for use by Covered Individuals; (iii) distribute the Total Individual Payments and
12 Redistribution Funds consistent with this Decree; and (iv) establish a Qualified
13 Settlement Fund and be responsible for all tax reporting for all payments made.
14 b. Within thirty (30) days of receipt of the relevant data regarding the Covered Individuals,
15 the Settlement Administrator shall calculate the Total Individual Payment and employer’s
16 share of taxes for each Covered Individual and shall provide that calculation to the
17 Parties.
18 c. As provided in Paragraph 40, within fifteen (15) days of receipt of this calculation from
19 the Settlement Administrator, Defendants will transfer via wire transfer(s) the specified
21 d. Within fifteen (15) days of receipt of funds from Defendants, the Settlement
22 Administrator shall mail the Notice, Consent Decree, and Total Individual Payments to
23 Covered Individuals.
24 e. Prior to the mailing, the Settlement Administrator shall update the addresses contained in
25 the Covered Individual Data using the National Change of Address database.
26 63. Settlement Administrator Payment: The Settlement Administrator shall be paid its fees
28 64. Within ten (10) days after final disbursement of all funds from the Maximum Settlement
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[PROPOSED] CONSENT DECREE
1 Fund, the Claims Administrator will provide counsel for all Parties and file with the Court a declaration
2 providing a final report on the disbursements of all funds from the Maximum Settlement Fund.
3 XIII. NO ADMISSION
4 65. This Decree and compliance with this Decree shall not be construed in any way as an
6 of any order, law, statute, duty or contract whatsoever. Defendants expressly deny that they engaged in
7 any unlawful conduct, including but not limited to subjecting any individual, group, or class of
9 discrimination, including as to pay, promotions, and/or terminations. Defendants deny all allegations of
10 wrongdoing, liability, and damages set forth in CRD’s Complaint, First Amended Complaint, and
11 Second Amended Complaint, whether arising under the FEHA, the Labor Code, or analogous federal
12 and local laws, and deny any group or class discrimination or harassment. The Parties expressly agree
13 that this Decree is not an admission that Defendants engaged in any unlawful conduct, that pursuit of the
14 Action on a group or class basis would be proper under any applicable standard in the Action, or any
15 litigation, or that CRD complied with its statutory pre-filing requirements when it initiated the Action,
16 and that evidence of the stipulation as to Covered Individuals is for settlement purposes only.
17 66. This Decree and compliance with this Decree shall not be construed in any way as an
19 XIV. ENFORCEMENT
20 67. As requested by the Parties, the Court retains jurisdiction over the Parties to enforce this
21 Decree for the three-year duration of this Decree, and to enforce the terms of the Parties’ “Settlement
23 68. The Parties agree that, prior to initiating any such action to enforce this Decree (if it
24 believes it necessary) or for breach of the Settlement Agreement, they will attempt to obtain voluntary
25 compliance with the Decree or Settlement Agreement. Any such attempt shall be made by notifying the
26 other party, through their counsel of record, in writing, of the nature of the dispute. This notice shall
27 specify the particular provision(s) that either party believes has been breached. The party receiving
28 notice shall have thirty (30) days from the date of the written notice to cure the breach. The Parties may
21
[PROPOSED] CONSENT DECREE
1 extend this period upon mutual consent.
2 69. After forty-five (45) days, inclusive of the thirty (30) days referenced in the preceding
3 paragraph, have passed from the written notice described above with no resolution or agreement to
4 extend the time, either party may petition the Court for resolution of the dispute, seeking all available
5 relief, including an extension of the term of the Decree or its immediate termination, and/or any other
7 70. Failure of either Party to seek enforcement with respect to any instance or provision of
8 the Decree or Settlement Agreement shall not be construed as a waiver of enforcement regarding other
9 instances or provisions.
11 71. This Decree, inclusive of Exhibits A and B hereto, the Settlement Agreement,
12 collectively, are the entire agreement and commitments of the Parties with respect to the matters
13 contained herein, except that the Decree supersedes the Settlement Agreement to the extent there are
14 conflicting terms or the terms of the Decree are more specific than any similar terms in the Settlement
15 Agreement. Other than the Parties agreeing in writing to extend a deadline specified in this Decree, no
16 waiver, modification, or amendment of any of this Decree’s provisions shall be effective unless made in
17 writing, signed by an authorized representative of CRD and Defendants, and approved by the Court.
18 72. If any provision(s) of this Decree is found to be unlawful, the Parties shall make good
19 faith efforts to agree upon appropriate amendments to this Decree in order to effectuate the purposes of
20 the Decree. In any event, only such provision(s) found to be unlawful shall be severed, and the
22 73. The Parties have cooperated in the drafting and preparation of this Decree. This Decree
23 will not be construed against any Party on the basis that the Party was the drafter or participated in the
24 drafting.
25 XVI. EXECUTION
26 74. Provided that the Court’s approval of this Decree is consistent with its material terms, the
27 Parties and their respective counsel hereby waive any and all rights to appeal from it, including all rights
28 to any appellate proceeding and any extraordinary writ, and the Decree therefore will become non-
22
[PROPOSED] CONSENT DECREE
1 appealable at the time it is entered. The waiver of appeal does not include any waiver of the right to
2 oppose any appeal, appellate proceedings, or post-judgment proceedings. If an appeal is taken, the time
3 for consummating this Decree (including making payments under this Decree) may be suspended until
4 such time as the appeal is finally resolved and the Decree becomes final.
5 75. The signatories to this Decree confirm that they have the authority to bind the respective
6 Parties identified below to the terms of this Decree, including authority pursuant to Code of Civil
8 76. This Decree may be executed in counterparts, each of which shall be deemed an original,
9 and which together shall constitute the Parties’ single agreement. Facsimile, email, PDF, and
11
IT IS SO DECREED, ADJUDGED, AND ORDERED this _____ day of _______________, 202__.
12
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14 ___________________________________________
Honorable Barbara M. Scheper
15 Judge for the Superior Court of Los Angeles County
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[PROPOSED] CONSENT DECREE
The undersigned hereby apply for and consent to entry of this Decree:
1
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FOR CALIFORNIA CIVIL RIGHTS DEPARTMENT:
3
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DATED: December 20, 2023
14 Brad Brian
Munger, Tolles & Olson LLP
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[PROPOSED] CONSENT DECREE
Exhibit A
Superior Court of California, County of Los Angeles
California Civil Rights Dept. v. Activision Blizzard,
LLC, et al.
Case No. 21-STCV-26571
Notice of Settlement
Authorized by the Superior Court of
California, County of Los Angeles
• The enclosed check expires 180 days from the date of the check. You
must cash the check within that time if you want to accept the
payment and agree to be bound by the enclosed Release.
1
• If you take no action and do not cash the enclosed check, you will not
be bound by the enclosed Release, and your rights will not be affected.
• If you choose not to cash the enclosed check, you can facilitate our
recordkeeping by writing “VOID” on it and/or destroying the physical
copy, and notifying the Settlement Administrator by email at [email
address]. This will facilitate the redistribution of your share of funds to
other Covered Individuals.
2
Table of Contents
About This Notice ............................................................................. 4
Why did I get this Notice? ................................................................... 4
What do I do next? ............................................................................ 5
Learning About the Lawsuit .............................................................. 5
What is this lawsuit about? .................................................................. 5
Why is there a settlement in this lawsuit? ............................................. 5
Learning About the Settlement ......................................................... 6
What does the settlement provide? ...................................................... 6
How do I know if I am part of this settlement? ...................................... 7
Is CRD my lawyer in this lawsuit? ........................................................ 7
Do I have to pay the lawyers in this lawsuit? ......................................... 7
Deciding What You Want to Do ......................................................... 7
What are my options?......................................................................... 7
Doing Nothing .................................................................................. 8
What are the consequences of doing nothing? .......................................8
Cashing the Enclosed Check(s) ......................................................... 9
What are the consequences of cashing the enclosed check(s)? ................ 9
How was my payment calculated? ...................................................... ..9
Choosing Not to Participate ............................................................ 11
What if I don’t want to be part of this settlement?................................ 11
Second Payment ............................................................................. 11
Is the enclosed check all the money I will receive for the settlement? ..... 11
Key Resources ................................................................................ 11
How do I get more information? ........................................................ 11
3
About This Notice
Why did I get this Notice?
4
What do I do next?
Through this lawsuit, CRD alleged claims under California law for
unlawful employment practices based on sex against Activision
Blizzard. Activision Blizzard denies that it engaged in any of the
unlawful employment practices as alleged by CRD at any time.
No, CRD is not your lawyer in this lawsuit. CRD is the plaintiff in
this lawsuit, and it represents the interests of the state of
California, but it does not represent you or other Covered
Individuals specifically.
. . .timely
. . .do
cash or
nothing
deposit the
and/or void
enclosed
the check?
check?
Can I receive settlement money if
NO YES
I...
Am I bound by the terms of the
NO YES
enclosed Release if I . . .
Can I pursue my own case if I
MAYBE 1 NO
want to. . .
If you do nothing, you will not get any money. You will also not
be bound by the enclosed Release. This means you may able to
start, continue, or be part of any other lawsuit asserting any
rights you may have for claims against Activision Blizzard
covered in the enclosed Release.
1
There are strict timelines for bringing individual claims. If you are
considering bringing individual claims, you should promptly consult with a
lawyer at your own expense.
8
write “VOID” on the check and/or destroy the physical copy and
notify the Settlement Administrator at [email address].
Your Name
Dates of Work
Job Title(s)
Name of
Employer(s)
Status as Employee
or Contractor
10
• Total Individual Payment (Net): Of the Total Gross
Individual Calculation amount, 50% will be treated as wages
and subject to withholding taxes. Your Total Individual
Payment takes into account these required tax deductions as
reflected on the check stub. If you accept the enclosed check,
you will receive tax reporting information (W2 and/or 1099)
after the distributions are finalized.
If you do NOT deposit or cash the enclosed check, you will not
be a part of the settlement or receive payment. However, you
will not be bound by anything that happens in this lawsuit and
may be able to file your own case.
Key Resources
How do I get more information?
12
Exhibit B
RELEASE OF CLAIMS IN
GOVERNMENT ENFORCEMENT ACTION
California Civil Rights Department v. Activision Blizzard, Inc. et al.
Case No. 21STCV26571 (Los Angeles Superior Court)
This Release of Claims is a legal document. This document states that in return for
Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc.
(collectively “Activision Blizzard”) paying you money and agreeing to other relief, the
California Civil Rights Department (“CRD”) will resolve a lawsuit that it brought against
Activision Blizzard on your behalf and on behalf of other female workers in California
Civil Rights Department v. Activision Blizzard, Inc. et al., Case No. 21STCV26571.
The asserted claims include claims arising under the Fair Employment and Housing Act
(Gov. Code, § 12900 et seq.) and the California Equal Pay Act (Labor Code, § 1197.5).
The Consent Decree (enclosed with this notice packet and available at [Settlement
Administrator’s web portal]) is the settlement agreement between CRD and Activision
Blizzard (“Settlement”).
You should take sufficient time to look at this document, to talk with others about the
document, including an attorney if you choose, and no one can pressure you into agreeing
to the terms in this the document.
Full participation in this Settlement means accepting the enclosed payment and releasing
certain claims you may have against Activision Blizzard. Those claims are listed below.
By fully participating in the Settlement, you hereby fully and finally release Activision
Blizzard, including each of their past and present successors, subsidiaries, parents,
holding companies, related or affiliated companies and divisions, assigns, joint ventures,
both individually and in their official capacities, as well as their past or present
shareholders, owners, officers, directors, employees, agents, servants, registered
representatives, attorneys, insurers, re-insurers, fiduciaries, successors and assigns, and
any individual or entity who could be jointly liable, and persons acting by, through, under
or in concert with any of these persons or entities (“Released Parties”) from the claims
asserted in California Civil Rights Department v. Activision Blizzard, Inc. et al., Case No.
21STCV26571, that arose from October 12, 2015, through December 31, 2020.
The claims you will release if you accept the enclosed payment include: claims for sex
discrimination and harassment (Gov. Code, § 12940, subd. (a) and (j)); constructive
discharge (Gov. Code, § 12940, subd. (a)); retaliation for complaining about practices that
are protected by the Fair Employment and Housing Act (Gov. Code, § 12940, subd. (h)
and Code of Regulations, Title 2, section 11021); failure to prevent these alleged
unlawful employment practices (Gov. Code, § 12940, subd. (k)); waiver of rights,
forums, and releases of claims (Gov. Code, § 12953 and Lab. Code, § 432.6); and
Page 1 of 2
unequal pay (Lab. Code, § 1197.5) (“Released Claims”).
You understand that in exchange for Monetary and Injunctive Relief as set forth in the
Consent Decree (available at [Claims Administrator’s web portal]), CRD will release
claims brought on your behalf and on behalf of other female workers, and the State of
California. You understand that you will receive at least $ , which
includes your share of the Monetary Relief, as specified in the Consent Decree. You also
may benefit from the Injunctive Relief as specified in the Consent Decree. You may
receive a second payment later if there is money in the settlement fund available for
redistribution.
By accepting this payment, you are fully participating in the Settlement, and you agree to
this Release. You understand that you have had full opportunity to consider and
understand the terms and to consult with your advisors and seek legal advice, should you
choose to do so. You understand that you are making the choice to freely agree to
participate in this Settlement and Release.
If you endorse, cash, or deposit the enclosed settlement payment check, you will be
indicating your agreement to this Release and your full participation in the
Settlement.
You are not required to return this form or to sign any other document in order for
your release or CRD’s release to be valid.
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