Parents’ lawsuit alleges sexual harassment at Activision drove their daughter to suicide

The parents of an Activision Blizzard employee who took her own life during a work retreat have filed a lawsuit against the Santa Monica-based video game company alleging wrongful death, sexual harassment and failure to prevent harassment.

Paul and Janet Moynihan are suing on behalf of their daughter, Kerri Moynihan, who was found dead at Disneyland’s Grand Californian Hotel & Spa on April 27, 2017. She was 32 years old. The lawsuit, filed in Los Angeles County Superior Court, alleges Moynihan was subjected to “unwanted sexual harassment” that led to her taking her own life that night.

It also alleges that Moynihan suffered emotional distress and anguish as a result of a “hostile, intimidating, abusive, oppressive and abusive” workplace and that Activision failed to prevent the harassment that led to her death, both of which constitute a violation of the California Fair Employment and Housing represents action.

A spokesman for Activision Blizzard said the company was and continues to be “deeply saddened by the tragic death of Ms. Moynihan, who was a valued member of the company.” The company will address the complaint as part of the court process and has not made any further comments at this time, the spokesman said.

Moynihan worked as an accountant and finance manager at Activision and had been with the company for more than six years, the complaint said. At the time of her death, Moynihan was involved in a sexual relationship with her male supervisor, Greg Restituito, in violation of company policy, the complaint said. Restituito was also married and had a newborn son.

Moynihan, Restituito, and several others attended the retreat, and Moynihan was scheduled to give a presentation on the day of her death. According to the complaint, Restituito spoke to Moynihan about 30 minutes before her death and texted her a few minutes later, saying: “Please don’t do this. Not tonight. Think about it and make your decision when your mind is clear.”

The complaint said the details of Moynihan’s suicide indicated it was not pre-planned but the product of an “uncontrollable impulse”. It was alleged that Restituito lied to a detective during the investigation and that both Restituito and Activision withheld relevant documents and information from the police.

It also references an incident in December 2016 when male colleagues allegedly passed around a picture of Moynihan’s genitals at an Activision Christmas party.

The lawsuit cites findings from previous ones litigation against the company in July 2021 by the California Department of Fair Employment and Housing, which mentioned the suicide of a female employee during a company trip with her male supervisor, but did not reveal her name.

The agency’s complaint revealed a workplace where sexual harassment was rampant and often went unpunished, and where women were paid less than men, denied promotions and retaliated for raising issues with managers. It was the result of more than two years of investigations into Activision Blizzard, according to the filing, and sought damages, unpaid wages and back payments for all of the company’s female employees, among other penalties.

Paul and Janet Moynihan filed an administrative complaint in October 2021 after learning of the state agency’s lawsuit and were shortly thereafter granted a right to sue.

So does the US Equal Employment Opportunity Commission filed a lawsuit against the company later that year, leading to the creation of an $18 million fund for victims of discrimination or harassment.

More disturbing allegations against the video game giant surfaced when the Wall Street Journal reported that Activision Chief Executive Bobby Kotick was aware of several alleged incidents of sexual misconduct, including one rape, but did not report it to the board. This led to a workers’ strike demanding Kotick’s resignation.

The damages sought by Activision Blizzard in the Moynihans’ lawsuit will be determined by a jury when evidence is presented at trial, the lawsuit states. The couple’s attorney, Jeff Isaacs, declined to comment.

If you or someone you know is having suicidal thoughts, call the National Suicide Prevention Lifeline at (800) 273-8255 or text HELLO to the Crisis Text Line at 741741.