Parents’ suit 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 has 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. The lawsuit, filed in Los Angeles County Superior Court, alleges Moynihan was subjected to “unwanted sexual harassment” that led her to take her own life that night.

It also alleges that Moynihan suffered emotional distress and mental anguish resulting from a “hostile, intimidating, offensive, oppressive, and abusive” workplace, and that Activision failed to prevent the harassment that led to her death, both in violation of California’s Fair Employment and Housing Act.

An Activision Blizzard spokesperson 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 through the legal process and did not have further comment at this time, the spokesperson said.

Moynihan was working 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, a violation of company policy, the complaint said. Restituito was 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 with Moynihan about 30 minutes before her death and sent her a text message a few minutes later that said, “Please don’t do that. 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 preplanned, but rather the product of an “uncontrollable impulse.” It alleged that Restituito lied to a detective during the investigation and that Restituito and Activision both withheld relevant documents and information from police.

It also refers to an incident in December 2016 in which male co-workers allegedly passed around a picture of Moynihan’s genitals at an Activision holiday party.

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

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

Paul and Janet Moynihan filed an administrative complaint in October 2021 after learning about the state agency’s lawsuit and received a right to sue notice shortly after.

The U.S. Equal Employment Opportunity Commission also filed a lawsuit against the company later that year that led to the creation of an $18-million fund for victims of discrimination or harassment.

More troubling allegations against the video game giant emerged when the Wall Street Journal reported that Activision Chief Executive Bobby Kotick was aware of, but failed to report to the board, several possible sexual misconduct incidents, including an alleged rape. That led to a worker walkout demanding Kotick’s resignation. He has not resigned.

The damages sought from Activision Blizzard in the Moynihans’ suit will be determined by the jury as evidence is presented during the course of the trial, the lawsuit said. The couple’s lawyer, Jeff Isaacs, declined to comment.

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