Niantic’s “Boys Club”: No Arbitration in Pokémon Go Developer’s Gender Bias Lawsuit

Background of the Case

The lawsuit against Niantic, filed on 7 July 2023, accuses the company of fostering a “sexist work culture” that systematically disadvantages female employees. This claim comes in the wake of Niantic’s decision to cut hundreds of jobs, cancel several games, and close its Los Angeles studio. The plaintiff, a former employee of this studio since 2020, alleges significant pay disparities compared to her male counterparts and describes an environment where “men were favored and valued over women.”

Court’s Decision Against Arbitration

Niantic’s attempts to resolve the matter through arbitration were firmly rejected by the court. The company sought to compel the women involved into individual and binding arbitration, strike the class allegations, and stay any legal proceedings until the arbitration’s conclusion. However, the court ruled against all these areas, allowing the lawsuit to proceed in a public legal forum.

Legal Perspectives

Attorney Nicholas Sarris highlighted the importance of this ruling, emphasizing how the #MeToo movement has helped evolve the law, enabling women to fight for systemic change in court. Genie Harrison, another attorney involved in the case, criticized Niantic’s approach, stating, “Niantic’s ‘augmented reality’ might work in games, but it doesn’t work in the courtroom.” This ruling is seen as a victory against forced individual arbitrations in cases of gender-based discrimination.

Allegations and Niantic’s Response

The plaintiffs accuse Niantic of violating the California Equal Pay Act, creating a hostile work environment, and failing to prevent discrimination, harassment, and retaliation. Niantic’s defense, arguing that these issues are covered by the arbitration agreement signed by the plaintiffs, has been met with resistance. The plaintiffs assert that their right to litigate as a collective and class action is protected by the Federal Arbitration Act.

Implications for the Esports Industry

This case is a critical reminder of the ongoing issues of gender discrimination within the esports and gaming industry. It underscores the need for companies to address systemic biases and create more inclusive work environments. The outcome of this lawsuit could set a precedent for how similar cases are handled in the future.

Conclusion

As the legal proceedings continue, the esports community and legal experts alike will be closely watching how this case unfolds. It represents not just a legal battle for Niantic but a broader challenge for the industry to confront and rectify deep-seated issues of gender bias and discrimination.

Jane Doe Vs Niantic, Inc., Superior Court of Los Angeles County, case no. 23-stcv-15935

Parties and Attorneys

• Judge
• Elihu M. Berle
• Plaintiff
  • Jane Doe and al.
  • Genie Harrison
• Defendants
  • Niantic Inc.
  • Orrick Herrington Sutcliffe LLP
  • Attorneys: Parner Lynne Hermle, senior associate Annie Prasad Vadillo, and associate Zoe Russell in Silicon Valley.

Via: The Verge and Gamesindustry.biz