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Takaze’s Take: Free the Agents – Sexism and Misogyny in the Esports Business

This new format of an article (Takaze’s Take) explains how an eathlete can file a discrimination lawsuit in the USA. This article also discusses women in sports.

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Takaze's Take: Free the Agents

On 28 February 2024, Josefine Jensen, a member of Astralisโ€™ Womenโ€™s Counter-Strike team, took a stand. She Xed a letter to Valve Corporation, demanding a change in their business practices. Specifically, she urged them to make female agent skins free to use in Counter-Strike. This issue, she believes, is not just about Skins but about the deep-rooted sexism and misogyny that pervades the esports industry. 

The esports world has a rich history of mistreating women.[1] However, women in America do have a way to counterattack. For example, suppose the misandrist is someone you work with. In that case, you can file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC).[2] 

The EEOC enforces โ€œfederal laws that make it illegal to discriminate against a job applicant or an employee because of the personโ€™s race, color, religion, sex, national origin, age, disability, or genetic information.”[3] If you sign and file a Charge of Discrimination, you are โ€œasserting that an employer, union or labor organization engaged in employment discrimination.โ€[4] You must file a Charge of Discrimination with the EEOC before you can sue your employer for discrimination.

Takazeโ€™s Take

Filing a Charge of Discrimination is not your only option. In fact, as the war against Diversity, Equity, and Inclusion (DEI) intensifies, the EEOC may be unable to protect you. Unfortunately, your enemies intend to compel the EEOC to enforce the status quo.[5] If DEI is important to you, then a showdown with your adversaries may be inevitable. 

Mr. Monopolyโ€™s Wisdom

Your opponents view DEI as a zero-sum game. Fear and insecurities are at the center of the conflict.[6] We ought to celebrate your accomplishments.[7] Instead, your adversaries recognize that these fears and insecurities make their followers susceptible to viewing your success as a threat.[8] Mr. Monopoly can help you understand the schism. Until recently, your enemies owned the entire board. Their rule was ruthless and absolute. Over time, your foesโ€™ forefathers were forced to make half-hearted concessions. Your forebears were given Mediterranean Avenueโ€”Connecticut Avenue. Their adversaries expected them to be content. 

Those whose shoulders you stand upon continued to press the issue. You landed on Atlantic Avenue, and your sights are set on Boardwalk. The last seven to eight years in American politics should have clarified one thing for you: Your enemies consider your desire to own Boardwalk wholly unacceptable. 

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Their Strategy

Your enemies are clever.[9] They copied the tactics of Civil Rights activists.[10] Now, your opponents are erasing them from your history books.[11] Their recent legislative and judicial victories show that your adversaries are reaping the rewards of their efforts.[12] Your enemies likely believe their victory will be absolute if they can expunge the history of your forebears.

The Counter-Strike

The sports and entertainment worlds have not acquiesced to your enemiesโ€™ demands.[13] As we enter the next phase of the streaming wars, alienating marginalized groups is a surefire way to lose.[14] You can leverage the pursuit of profits to your advantage. For example, working at the FDIC was a never-ending party until the Wall Street Journal arrived.[15]The author hopes that soon, every woman will feel safe in the workplace. Perhaps your enemies feel secure because the esports world is not mainstream. The author hopes you show them that they are misreading the tea leaves.

The spotlight is shining brightly upon the womenโ€™s sports universe. The WNBA and ESPN plan to capitalize on Caitlin Clark and Angel Reese’s fame.[16] The NWSL is expanding.[17] Private equity firms are investing heavily in the sports world.[18] The NFL is arriving fashionably late to the dance, but their dance card is undoubtedly full.[19] The esports world claims to be unhappy with its dependence upon the Saudis, and the business model needs to be tweaked.[20]Investors not chosen by the major sports leagues will need a date. If DEI is important to you, now may be the time to press the issue. 

Advance your token to Boardwalk.

Image source: Netcompany

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[1] Ajay Rose, Inside the World of Female esports: โ€œItโ€™s a Scary Space for Womenโ€™, The Athletic (Jul. 23, 2023), https://theathletic.com/4635621/2023/07/23/inside-the-world-of-female-esports/.

[2] Filing a Charge of Discrimination with the EEOChttps://www.eeoc.gov/filing-charge-discrimination (last visited Apr. 7, 2024).  

[3] Overviewhttps://www.eeoc.gov/overview (last visited Apr. 7, 2024). 

[4] Id.

[5] Robert Draper, America First Legal, a Trump-Aligned Group, Is Spoiling for a Fight, N.Y. Times (Mar. 21, 2024), https://www.nytimes.com/2024/03/21/us/politics/stephen-miller-america-first-legal.html?smid=nytcore-ios-share&referringSource=articleShare&ugrp=c&pvid=E1F42499-3ECC-4095-9233-0DA8057CA02A&sgrp=c-cb.

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[6] Why Young Men and Women Are Drifting Apart, The Economist (Mar. 13, 2024), https://www.economist.com/international/2024/03/13/why-the-growing-gulf-between-young-men-and-womenMaking Sense of the Gulf Between Young Men and Women, The Economist (Mar. 14, 2024), https://www.economist.com/leaders/2024/03/14/making-sense-of-the-gulf-between-young-men-and-women.

[7] Aparna Rae, White Menโ€™s Role in Advancing Equity and Inclusion, Forbes (Mar. 14, 2024), https://www.forbes.com/sites/aparnarae/2024/03/14/white-mens-role-in-advancing-equity-and-inclusion/?sh=6f4d22b85b5f.

[8] Nicquel Terry Ellis & Catherine Thorbecke, DEI Efforts are Under Siege. Hereโ€™s What Experts Say is at Stake, CNN (Jan. 11, 2024), https://www.cnn.com/2024/01/07/us/dei-attacks-experts-warn-of-consequences-reaj/index.html.

[9] Nicholas Confessore, โ€˜America is Under Attackโ€™: Inside the Anti-D.E.I. Crusade, N.Y. Times (Jan. 20, 2024), https://www.nytimes.com/interactive/2024/01/20/us/dei-woke-claremont-institute.html; Meg Little Reilly, Anti-DEI Bills Rely on Vague Language and Self-Censorship, Forbes (Mar. 5, 2024), https://www.forbes.com/sites/meglittlereilly/2024/03/05/anti-dei-bills-rely-on-vague-language-and-self-censorship/?sh=75b5535b1742.

[10] James Devitt, Bayard Rustinโ€™s Blueprint for Activismโ€”and Perhaps Progresshttps://www.nyu.edu/about/news-publications/news/2023/august/bayard-rustin-s-blueprint-for-activism-and-perhaps-progress.html (last visited Apr. 7, 2024); Adam Gopnik, Eclipsed in His Era, Bayard Rustin Gets to Shine in Ours, The New Yorker (Nov. 6, 2023), https://www.newyorker.com/magazine/2023/11/13/eclipsed-in-his-era-bayard-rustin-gets-to-shine-in-ours.

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[11] Taifa Natalee Alexander, Tracking the Attack on Critical Race Theory in Education, U.S. News (Apr. 11, 2023), https://www.usnews.com/opinion/articles/2023-04-11/tracking-the-attack-on-critical-race-theory-in-education;  Daniel Golden, Muzzled by DeSantis, Critical Race Theory Professors Cancel Courses or Modify Their Teaching, ProPublica (Jan. 3, 2023), https://www.propublica.org/article/desantis-critical-race-theory-florida-college-professors; Myles Hollingsworth, AP African American Studies and Critical Race Theory Ban in Florida, The Crisis (July 24, 2023), https://naacp.org/articles/ap-african-american-studies-and-critical-race-theory-ban-florida;  David Bernstein, Is Opposition to Critical Race Theory Correlated With Ignorance of Critical Race Theory?, Reason (Apr. 2, 2024), https://apple.news/AQmeDx-k2Te6xfEP5a69ndg.

[12] Jeff Green & Simone Foxman, Why Corporate America Has a Diversity Problem, Bloomberg (Mar. 14, 2024), https://www.bloomberg.com/news/articles/2024-03-14/video-why-corporate-america-has-a-diversity-problem.

[13] Bill King, The Pushback on DEI, Sports Business Journal (Mar. 11, 2024), https://www.sportsbusinessjournal.com/Articles/2024/03/11/dei-pushback; Jeremy W. Peters & Brooks Barnes, The Oscars Now Have D.E.I. Rules, But Some Say Itโ€™s Just a Performance, N.Y. Times (Mar. 10, 2024), https://www.nytimes.com/2024/03/08/us/oscars-oppenheimer-dei-diversity.html.

[14] Dr. Darnell Hunt & Dr. Ana-Christina Ramon, Diverse Audiences Prop Up A Struggling Theatrical Industry and Demand Diversity on Screen, Forbes (Mar. 7, 2024), https://www.forbes.com/sites/drdarnellhuntanddranachristinaramon/2024/03/07/diverse-audiences-prop-up-a-struggling-theatrical-industry-and-demand-diversity-on-screen/?sh=3ff2cb78742d.

[15] Rebecca Ballhaus, โ€˜What the Hell is Going on at the FDIC?โ€™, The Wall Street Journal (Jan. 10, 2024), https://www.wsj.com/articles/fdic-6d9e8bf1.

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[16] Jacob Feldman, WNBA Has Big Plans to Ride Womenโ€™s Basketball Momentum, Sportico (Apr. 4, 2024), https://www.sportico.com/leagues/basketball/2024/caitlin-clark-wnba-momentum-popularity-draft-marketing-1234773879/; Tom Friend, Engelbert: Clark-Reese Could be the New Bird-Magic, Sports Business Journal (Mar. 3, 2024), https://www.sportsbusinessjournal.com/Articles/2024/03/03/wnba-cathy-engelbert-caitlin-clark-angel-reese.

[17] Cleveland Soccer Group Announces 12k Season-Ticket Pledges for Possible NWSL Expansion Franchise, Sports Business Journal (Apr. 4, 2024), https://www.sportsbusinessjournal.com/Articles/2024/04/04/cleveland-ohio-nwsl-expansion-team-bid?hl=NWSL&sc=0&publicationSource=searchNWSL Enters 2024 Campaign with Renewed Hope Amid Offseason Growth, Sports Business Journal (Mar. 15, 2024), https://www.sportsbusinessjournal.com/Articles/2024/03/15/nwsl-2024-season-preview?hl=NWSL&sc=0&publicationSource=search.

[18] Arctos Partners Raises $4.1B for Investments in Sports, Sports Business Journal (Apr. 2, 2024), https://www.sportsbusinessjournal.com/Articles/2024/04/02/arctos-partners-deals?hl=private+equity&sc=0&publicationSource=search; Abby Schultz, The Wealthy are Turning to Sports for Diversification, Barronโ€™s (Jan. 2, 2024), https://www.barrons.com/articles/the-wealthy-are-turning-to-sports-for-diversification-9726aaac.

[19] Ben Fischer, Explaining the Caution on Private Equity, Sports Business Journal (Mar. 28, 2024),https://www.sportsbusinessjournal.com/Articles/2024/03/28/explaining-nfl-private-equity-caution?hl=private+equity&sc=0&publicationSource=search.  

[20] Asli Pelit, In Fading Esports Business, Saudi Money Still Flows, Sportico (Mar. 15, 2024), https://www.sportico.com/business/sponsorship/2024/esports-investment-saudi-arabia-1234770868/.

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Author

  • Takaze A. Turner

    Takaze A. Turner, a distinguished figure at the intersection of entertainment and law, showcases a profound passion for anime, cinema, and gaming. His academic journey commenced at the Ohio State University, where he excelled in English, earning his degree with cum laude honors. Furthering his legal education, Takaze achieved his Juris Doctor from the University of Missouri School of Law, before embarking on specialized legal studies. He has since attained an LL.M. in Business Law from Florida State University College of Law and an LL.M. in Entertainment Law from the University of Miami School of Law. Currently, he is enhancing his expertise by pursuing an LL.M. in Taxation Law at the same institution. Takaze’s multifaceted legal education, coupled with his deep-rooted interests in entertainment, positions him uniquely within the legal landscape. His academic accomplishments reflect a dedicated pursuit of knowledge across various sectors of law, particularly those intersecting with the business and entertainment industries. At the core of his professional journey is a commitment to understanding and navigating the complex legalities surrounding entertainment and media, ensuring he remains a pivotal figure in legal discussions related to these dynamic fields. His ongoing pursuit of an LL.M. in Taxation Law further exemplifies his dedication to broadening his legal acumen, underscoring his role as a key contributor to the legal community, especially in areas where law meets entertainment and technology. View all posts