Newsom accused of interfering in lawsuit against gaming company: Report

A lawyer with California’s Department of Fair Employment and Housing resigned after accusing Gov. Gavin Newsom of interfering in a sexual harassment lawsuit against video game developer Activision Blizzard.

Assistant Chief Counsel Melanie Proctor announced on April 5 that she was leaving her role at the state labor agency after Newsom fired her boss, Janette Wipper, according to a Wednesday report.

“The Office of the Governor repeatedly demanded advance notice of litigation strategy and of next steps in the litigation,” Proctor said in emails released by Bloomberg. “As we continued to win in state court, this interference increased, mimicking the interests of Activision’s counsel.”

Wipper was fired after “attempting to protect” the DFEH investigation, the emails claimed. Proctor resigned in protest but encouraged her team to continue working on its litigation against Activision Blizzard.

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Wipper is reportedly “evaluating all avenues of legal recourse including a claim under the California Whistleblower Protection Act,” her spokeswoman said.

“In recent years, under this administration and my leadership, DFEH has litigated groundbreaking cases that are a model of effective government enforcement of civil rights,” DFEH Director Kevin Kish told the Washington Examiner. “We continue to do so with the full support of the administration. Our cases will move forward based on the facts, the law, and our commitment to our mission to protect the civil rights of all Californians.”

Kish did not address Proctor’s accusations.

“Claims of interference by our office are categorically false,” Erin Mellon, communications director for Newsom’s office, told the Washington Examiner. “The Newsom administration supports the effective work DFEH has done under Director Kevin Kish to enforce civil rights laws and protect workers, and will continue to support DFEH in their efforts to fight all forms of discrimination and protect Californians.”

Although Activision Blizzard has reached an $18 million settlement in federal court with the Equal Employment Opportunity Commission in a similar case, the DFEH intends to continue with its lawsuit over the reports of sexual harassment within the creator of Overwatch, Call of Duty, and World of Warcraft.

DFEH filed a lawsuit against Activision Blizzard in July, alleging female employees were subjected to a “pervasive frat boy workplace culture,” including sexual banter and rape jokes. The company initially criticized the lawsuit but has attempted to improve its internal culture. The lawsuit and the company’s subsequent response led to several employees and executives stepping down, including former Blizzard President J. Allen Brack and the company’s head of human resources.

The DFEH also accused Activision Blizzard of shredding evidence. Activision Blizzard CEO Bobby Kotick was subpoenaed by the U.S. Securities and Exchange Commission after the regulatory agency announced a wide-reaching investigation into Activision Blizzard.

It remains unclear how the two lawyers’ departure will affect the labor agency’s efforts to prosecute the video game company.

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Microsoft announced in January that it plans to buy Activision Blizzard for $68.7 billion, the largest acquisition in gaming history.

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