California has updated its lawsuit against Activision Blizzard (ABK), alleging that the business is “shredding documents” and interfering with its investigation.
In a report by Axios, California’s Department of Fair Employment and Housing (DFEH) added some more details in their lawsuit against Activision Blizzard. They note that the company destroyed documents that relate to their investigation.
DFEH even notes that the company is interfering with its mandate to investigate accusations. This is a bold move, considering the potential repercussions of their actions.
11th cause of action added
In the documents reported by Axios, the 11th cause of action has come to light. DFEH added this 11th cause of action as a way to punish ABK for its uncooperative actions with the investigation. Their interference, according to DFEH, extends to destroying company records.
California turning up the heat on Activision Blizzard, as @Megan_Nicolett and I report. They filed an amended complaint against AB yesterday, adding temp workers to the people on whose behalf they're suing.
Plus, an 11th cause of action https://t.co/NszBmPbCvP pic.twitter.com/eaMFk75eYj
— Stephen Totilo (@stephentotilo) August 24, 2021
“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,” said the case.
The DFEH also details that the company is using delaying tactics with the investigation. This includes the hiring of union buster law firm WilmerHale. Part of these tactics includes asking the firm to do internal investigations, which make documents “privileged.”
“As previously stated by Defendants’ counsel, when the investigator is ‘an attorney…; her work related to receipt or investigations of discrimination or harassment complaints is privileged’ and then withheld from the government department charged with investigating and remedying the complaints.
“This directly interferes with DFEH’s statutory mandate to investigate, prosecute, and remedy workplace discrimination and harassment violations on behalf of employees and contingent or temporary workers who engaged in, or were perceived to be engaged in, protective activity.”
Spoliation punishable under US Law
Another section in the updated Activision Blizzard lawsuit goes into more detail about the company’s refusal to provide the documents they need. So far, this simply further incriminates ABK and, if proven true, can sway the case against them entirely.
This tactic may lead to questions on the information listed on these documents. It also puts the company’s legal counsel into a problematic position.
Spoliation, known as the act of destroying relevant documents, is subject to heavy penalties under US Law. Doing so constitutes tampering with evidence, which may lead to an easier win for the state.
Activision Blizzard is currently under investigation for alleged sexual harassment and toxic workplace allegations. These were corroborated by their employees, many of which signed a letter in condemnation of ABK’s inaction.
Featured image courtesy of Blizzard Entertainment/Youtube Screenshot