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During a hearing earlier this month, Judge Dale S. Fischer stated that she would not allow the DFEH to intervene but the decision has only now been made official.

Alissa McAloon, Publisher

December 21, 2021

1 Min Read

Judge Dale S. Fischer has officially denied the California Department of Fair Employment and Housing's request to intervene in Activision Blizzard's proposed $18 million settlement with the EEOC, formalizing a decision already suggested by Fischer during a hearing earlier this month.

In the final ruling, spotted this afternoon by Axios' Steven Totilo, Fischer denied the DFEH's motion to intervene, but said that she will allow it to present its position on the proposed decree via a amicus brief as it has "enough of a general public interest in the subject matter of this lawsuit and its resolution."

In the full ruling, Fischer explains that the particular rule the DFEH had cited in order to argue for intervention applied to individuals and not the DFEH, and calls its concern over the potential of the EEOC settlement to result in evidence destruction for the DFEH's own case speculative "at best."

Given statements made by Fischer during the hearing last week, this ruling isn't much of a surprise. Fischer had previously stated that she's "not going to allow the DFEH to intervene, it’s just not appropriate," later adding that it would be "highly unlikely that I would change my mind and allow the DFEH to intervene", and it seems that those sentiments held true.

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