How to Stop The Cruel & Intolerable Sexual Harassment of Women Working in Video Games
Jonathan Koehler
Law Clerk | Civil Litigation | Former Corporate Governance & Compliance Officer | Helping Clients Recover and Supporting Lawyers Litigate
Two video gaming giants may merge following a sexual harassment scandal that reflects a toxic culture endemic to the video game industry. Microsoft Corporation (the makers of Xbox) is attempting to purchase Activision Blizzard, Inc. (the makers of Call of Duty and World of Warcraft) following a series of sexual harassment complaints so severe that it has provoked independent investigations by the EEOC, SEC, and California’s Department of Fair Employment and Housing and outrage from four Democratic senators.
According to the California Department of Fair Employment and Housing’s complaint against Activision Blizzard, Inc., the company “fostered a sexist culture and paid women less than men despite doing substantially similar work, assigned women to lower-level jobs, and promoted them [women] at slower rates than men, and fired or forced women to quit at higher frequencies than men.” The complaint noted that women of color were particularly impacted and that women were allegedly subjected to groping, comments (such as jokes about r*pe), and sexual advances while working at Activision Blizzard, Inc. Adding to these allegations, the Department of Fair Employment and Housing alleges that the company’s senior management and human resources knew about the sexual harassment but failed to take reasonable steps to protect women and retaliated against reporting employees.
Activision Blizzard, Inc. fostered a sexist culture and paid women less than men despite doing substantially similar work, assigned women to lower-level jobs, and promoted them [women] at slower rates than men, and fired or forced women to quit at higher frequencies than men.
Unfortunately, sexism and this sexual harassment are endemic in the video game industry. Employers and consumers have unfairly and disproportionately discriminated against women in the video game industry.
In 2014, “Gamergate,” an anonymous harassment campaign against women in video game development and journalism, happened. Previously a video game developer named Brianna Wu was a target of anonymous and coordinated harassment. Brianna received rape threats and death threats because she participates in the video game industry. In one instance, Brianna received a text and photo of her and her husband at the movies that read, “Hey, I know where you live.”?
Some of the video game industry’s sexism is quieter. In 2014, The Last of Us fans took to the internet to discredit Ellie’s, the game’s 14-year-old protagonist, sexual orientation. One journalist made tone-deaf statements that intentional representation only exists for political reasons and is “a disservice to art.” They then assumed the colorblind argument that “the sexuality of a character should be completely irrelevant, as should race and gender.” They suggest that to make race relevant “…is not to cram it down our throats under the guise of ‘tolerance.’” They say, “…if you invented a story for the express purpose of using a gay character, your agenda infects the product. It means the expression didn’t come first; the sociology or politics came first. Such things can and do have a place in all forms of art, but they should never be the top priority of any artist.”
In this Reddit thread, you can read folks attempting to remove Ellie from the LGBQTIA+ community with comments such as, “Even if it is a gay relationship, she [Ellie] might just be gay for Riley [another character], she might be bi, we really don’t know.” One Redditor wrote, “I don’t think gay/straight apply in Ellie’s world. I almost fell out of my chair when this [Ellie kisses Riley] happen[s].” The Redditor says, “She is still very na?ve and does not really think nor have much knowledge of any of this stuff [relating to sexual orientation].”
Later, in 2020, Laura Bailey, who portrayed the antagonist-turned-protagonist in the video game The Last of Us 2 (the sequel to The Last of Us), received multiple violent threats, including death threats, because of her fictional character’s actions in the video game. Abby, Laura Bailey’s fictional character, received less severe sexual harassment regarding her muscular physique.
But sexual harassment and sexism in the video game industry are not only restricted to women. It extends to any staff member who works to promote diversity and inclusion by representing characters or by addressing such matters in the game. Neil Druckmann, The Last of Us 2’s director, was targeted for including lesbian and transgender characters in the game.
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This type of behavior is not tolerated anymore. In July 2021, Activision Blizzard, Inc. employees coordinated a walkout due to the company’s tolerance for sexism and sexual harassment. Over 2,600 current and former employees signed a letter demanding that the abusers are held accountable for their actions. The petitioning employees also demanded improved conditions for women, transgender women, nonbinary people, and other marginalized groups. In December 2021, Riot Games, the maker of League of Legends, settled a gender-discrimination lawsuit for $100 million over allegations of gender-based discrimination as far back as 2014.
It is unacceptable to treat women this way. But the proposed merger between Microsoft and Activision Blizzard, Inc. threatens to dampen diversity, equity, and inclusion efforts.
First, under the agreement, Bobby Kotick, Activision Blizzard, Inc.’s CEO and the executive who allegedly failed to intervene, would be permitted to serve as CEO until 2023. After 2023, when the merger is complete, Bobby Kotick would resign and cash out on his stock and options package; he would escape accountability. Second, US senators are concerned it may place workers advocating for better and more inclusive working conditions in a disadvantaged bargaining position. Finally, US senators are concerned that the merger “could further disenfranchise these workers and prevent their voices from being heard.”
Their concerns could be justified. Microsoft Corporation also has a lengthy history of sexual harassment. Microsoft Corporation hired Arent Fox following years of complaints of discrimination to review their sexual harassment policies. While this may be promising news, I contend it is not enough. Also just recently, California’s Department of Fair Employment and Housing Chief Counsel, Janette Wipper, was terminated. Wipper’s protégé and Assistant Chief Counsel, Melanie Proctor, resigned in protest and alleged California’s Office of the Governor was interfering with their prosecution against Activision Blizzard, Inc.. While leaving, Proctor said, “justice should be administered equally, not favoring those with political influence.”
“Justice should be administered equally, not favoring those with political influence.”
The hostile environment has created the necessary imperative for employees in the video game industry to organize.
A goal of targeting women, nonbinary folks, and their allies is to push them out of the video game industry. It is insufficient to offer that race, gender, or sex are irrelevant when it is clear these groups are systemically targeted in terms of compensation and rights in the workplace. Thinking that race, gender, or sex are irrelevant has allowed companies and senior managers to prevent women, women of color, transgender folks, and nonbinary folks from having meaningful and successful careers in the video game industry.
It is up to everyone to push back against the endemic sexism that pollutes this industry. Therefore, the continued representation of historically excluded groups must continue in video games. Video game consumers should make an overt effort to include and welcome non-male actors and journalists into this community. Finally, with the termination of Wipper, it is clear that workers must stand-up for themselves. As such, workers should organize to collectively bargain for better working conditions for themselves and future workers.
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