Tuesday, August 3, 2021
If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role?
The answer, as the California Supreme Court unanimously held in
Pollock v. Tri-Modal Distribution Services, Inc. on July 26, 2021, is neither. Rather, the court ruled that the statute of limitations on a failure to promote claim brought under the Fair Employment and Housing Act’s (FEHA) harassment provision begins to run once the employee knows or reasonably should know the employer did not promote him or her.
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Legal Disclaimer
You are responsible for reading, understanding and agreeing to the National Law Review s (NLR’s) and the National Law Forum LLC s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
The recently filed lawsuit and employee discontent at Activision Blizzard informed much of the tone of tonight s investor call, with CEO Bobby Kotick claiming the company will come to set the very best example for the games industry in dealing with misconduct.
The call followed results for the publisher s second quarter, in which net revenues rose 19% year-on-year to £2.3 billion but bookings dropped 8% to $1.92 billion.
As with the press release announcing these results, Kotick opened the investor call with another statement reiterating the company s commitment to addressing the issues raised by the lawsuit filed by the California Department of Fair Employment and Housing, which described Activision Blizzard as a breeding ground for discrimination and harassment.
Workers stage walkout at Irvine Activision Blizzard office over alleged sexism in the workplace
Getty Images
By Rishi Iyengar, CNN Business
Even if you’re not an avid gamer, there’s a good chance you’ve heard of “Call of Duty,” “World of Warcraft” or “Candy Crush.” Those games, which are played by hundreds of millions of people around the world and have in some cases attained the status of cultural phenomena, all belong to one California company helmed by one of America’s longest-serving CEOs.
That company, Activision Blizzard, is now being roiled by a scandal. Over the past several days, accusations of discrimination and harassment at the gaming giant have snowballed into an avalanche of dissent. Amid that dissent, the first high-profile departure from the company was announced Tuesday morning, when Activision Blizzard COO Daniel Alegre told employees that J. Allen Brack, president of the company’s Blizzard Entertainment studio, would be leaving his post.