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Former Valve employee seeks $3.1M in transgender discrimination suit

Trojan

Member
She is suing them in LA, because that's where she was working from as an "Independent Contractor" after Valve changed her employment status when she needed to work from LA.

California labor law is very much in favor of individual rights over employers, so she definitely has an advantage there vs. Washington. Oregon labor law is also moving pretty closely towards California in that regard.
 

BennyBlanco

aka IMurRIVAL69
Valve's attempts at diversity include Gabe overriding the Steam Greenlight team and allowing a game made by literal fucking racists to be sold on their online store.

Postal 1 has been on Steam for ages and is pretty much exactly like Hatred. The Postal remake is coming to PSN.

Please ban this guy who disagrees with me mods!!!

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It's Bioware's prerogative to do whatever they want in their games. I was rolling my eyes pretty often going through DA:I and it wasn't because of the sexual preference of characters, but the way they were written and presented.
 

hampig

Member
I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.
 

Russ T

Banned
Ok, I get that discrimination is shitty or w/e, but why do people think they need to sue for millions? I know the lawyers get their 33% or w/e, but geeze.

Then again how do you place a price tag on suing someone? Just some made up arbitrary number to sue for ?

Anyone with legal expertise care to explain?

There have been multiple posts in this thread explaining multiple reasons why the number is as high as it is.

Postal 1 has been on Steam for ages and is pretty much exactly like Hatred. The Postal remake is coming to PSN.

Postal is tasteless as fuck, and was never good or funny.

But was it made by literal fucking racists? Even more than that, proud and open racists, with public visibility of their connection with white supremacy groups? A fact that was widely discussed at the time of the first trailer reveal?
 

AlphaDump

Gold Member
The translator continued to work at Valve until earlier this year, when she filed a complaint about unpaid translators whom she felt were being exploited and lured to work for free based on "false promises made by her supervisor," according to the suit.

Within days of filing a written complaint about the practice, the translator was fired, the lawsuit says. Valve said at the time that her job was being relocated to Washington. But when the translator offered to move, Valve declined to keep her on, according to the suit.

The translator believes she was fired because of her complaint and because her supervisor was uncomfortable with her being a transgender woman. According to the suit, he would refer to the translator as "it."

so she didnt complain to HR regarding harassment, but due to unpaid translators complaint?

Did the accusations around harassment come once she was let go? It gets even trickier because she volunteered to move with the position a 2nd time (but was denied). If the complaint filed to HR was about unpaid support, the harassment charge is hard to pin on Valve.

unless i am missing something?
 

Jotaka

Member
The article says:



Not regarding anything about her gender. Maybe she did bring it up, but that would be a hell of a thing to leave out of the article.

The fucking case file is attached to article..... just read there and you find out.
 
Postal 1 has been on Steam for ages and is pretty much exactly like Hatred. The Postal remake is coming to PSN.



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It's Bioware's prerogative to do whatever they want in their games. I was rolling my eyes pretty often going through DA:I and it wasn't because of the sexual preference of characters, but the way they were written and presented.

I don't see how shooting down your claims of "pandering" was claiming for you to be banned, but you do you. I tried.
 

Trojan

Member
I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.

Uh I don't think anyone would ever be comfortable being referred to as "it", that's ice cold
 

Risette

A Good Citizen
I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.
uh, no. "it" is pretty universally regarded as offensive and dehumanizing among the trans community.
 
It isn't about the technicality of trials but the evidence they present. Plenty of people await evidence prior to forming opinions, as unnatural as the habit is to humans.

Anyone who's followed the topic of HR policy in the game industry in general and Valve in specific has already seen a lot of evidence that the types of problems described here are relatively commonplace. Coming to the story from a complete vacuum, sure, it makes sense to reserve judgment to some degree, but this is a report in keeping with a body of pre-existing evidence.

On the 'actual evidence' side of things, you don't have to go too far down the list of 'positive portrayals of women in gaming' to find characters like Chell or Alyx Vance show up, and you don't have to go too far down the list of 'non-stereotype minorities in games' to find the L4D or TF2 crew show up.

I don't think the insinuations that Gabe Newell is a racist or notably right wing hold much water, frankly.

If you had taken a second to read the chain you responded to instead of exploding into outrage you would notice that I responded to someone saying Valve has a "right-wing bent" by suggesting that a chunk of their fanbase matches that descriptor. I didn't say (nor do I actually think) Gabe Newell is a racist.

Inasmuch as Valve's libertarian streak is relevant to the conversation, it's specifically in that question of HR policy. At least for me, I don't think the transphobic and discriminatory behavior of the supervisor is representative of general opinion at Valve in any way; rather, I think taking an aggressively laissez faire attitude to HR concerns gives individual assholes way too much power to cause problems for other employees.
 

MUnited83

For you.
Valve's attempts at diversity include Gabe overriding the Steam Greenlight team and allowing a game made by literal fucking racists to be sold on their online store.
Once again, not allowing a game to be sold because a couple of people in the dev team have terrible political views or are terrible people is not a reasonable metric to abide for, and there wouldn't be any games released at all if that was the case. Come on now
 

Aureon

Please do not let me serve on a jury. I am actually a crazy person.
"it"?
yuck.

Lets keep in mind that the supposedly discriminating supervisor is a single person. Not the company.

Since she got fired, instead of her supervisor getting fired, it's absolutely the company.
 

Nudull

Banned
Such an awful situation. :(

I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.

Yeeeaah, no. No.
 

la_briola

Member
I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.

Really? "It" is normally used to describe objects and not human beings.
First time I heard this, but nothing should surprise me anymore. :lol
 

Russ T

Banned
not allowing a game to be sold because a couple of people in the dev team have terrible political views or are terrible people is not a reasonable metric to abide for,

Yes it is. Sorry I have actual standards. Well, I'm not sorry. But if it makes you feel better...
 

The Technomancer

card-carrying scientician
I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.

You would ask them what their preferred pronouns are

Its literally that easy
 

Risette

A Good Citizen
Is it really? Maybe I just know a group in the minority. What about they and them, avoiding gender specific words?
Singular they and them are usually fine unless a person asks you to gender them, then you respect that. "It" is never okay.
 
He took it as a call to ban him since you mentioned a mod specifically to "address" his other issues. Maybe not intended that way though.

Ah. Thanks. Absolutely not. Poster I was responding to was asking questions generated from charlequin's post (and ones that charlequin has already addressed in replies to others).
 

_machine

Member
Inasmuch as Valve's libertarian streak is relevant to the conversation, it's specifically in that question of HR policy. At least for me, I don't think the transphobic and discriminatory behavior of the supervisor is representative of general opinion at Valve in any way; rather, I think taking an aggressively laissez faire attitude to HR concerns gives individual assholes way too much power to cause problems for other employees.
Exactly. Not having dedicated people managers in an already flat organization can give disproportionate power to individuals to show their bad sides. It's definitely the organization's problem, but it rarely applies to the general staff or even attitude within the company.
 
Could be a dumb/outsider question but is discrimination laws around this issue a state by state thing or America wide?

I got the impression that this sort of discrimination would almost be encouraged in a lot of places, but that may be being very unfair and based only only loud political views, not actual laws.
 

Kyuur

Member
It's in the complaint on Page 8 Hostile Work Environment section

Thanks for pointing it out; like I said, seems like a rather important point for an article to leave out! Hope they roll some heads in this case then.

The fucking case file is attached to article..... just read there and you find out.

Maybe I fucking expect the article to cover the most important points on the fucking case file, given their headline prominently pointing to transgender discrimination as the main fucking point.

Given my lack of expertise in legalese, I'm not going to be digging into the case files for every story I come across. :)
 

OKK

Member
Valve's attempts at diversity include Gabe overriding the Steam Greenlight team and allowing a game made by literal fucking racists to be sold on their online store.

And even the term racists seems rather too mild term to describe (at least some of the) developers.
 
Could be a dumb/outsider question but is discrimination laws around this issue a state by state thing or America wide?

I got the impression that this sort of discrimination would almost be encouraged in a lot of places, but that may be being very unfair and based only only loud political views, not actual laws.

It varies by state, There are no federal discrimination protections for sexual orientation and gender identity.

map15-nondiscriminationlaws.jpg


States that are purple have protections for sexual orientation and gender identity, states that are blue have protections for sexual orientation but not for gender identity, and states that are grey have no protections at all.
 

shootfast

Member
It's in the complaint on Page 8 Hostile Work Environment section

The fucking case file is attached to article..... just read there and you find out.

No she didn't report the harassment, she only reported the sowing of discord among employees.
28.Plaintiff was subject to unwanted harassment because she is transgender.
29.Further, her supervisor created a hostile work environment by sowing discord among the employees.Plaintiff reported this conduct to human
resources
 

dsk1210

Member
Yes it is. Sorry I have actual standards. Well, I'm not sorry. But if it makes you feel better...

You don't know the people and the views of these people when you normally buy a game, this time you do, and they happen to be racists which will result in a lot of people not buying their game.

Everybody has the right to try and make money on an open market as long as the content within the game is not out of order itself.
 
It varies by state, There are no federal discrimination protections for sexual orientation and gender identity.

map15-nondiscriminationlaws.jpg


States that are purple have protections for sexual orientation and gender identity, states that are blue have protections for sexual orientation but not for gender identity, and states that are grey have no protections at all.

Makes sense, thanks.

Hopefully things get better in this regard.
 
Could be a dumb/outsider question but is discrimination laws around this issue a state by state thing or America wide?

State by state. Both California (where she moved) and Washington (where Valve is based) protect against gender identity discrimination however. It's pretty reasonable to be uncertain about this as a non-American, we're in the middle of having a big stupid national fight about it.
 

Russ T

Banned
You don't know the people and the views of these people when you normally buy a game, this time you do, and they happen to be racists which will result in a lot of people not buying their game.

Everybody has the right to try and make money on an open market as long as the content within the game is not out of order itself.

Valve's product, Steam, is not an "open market". And the game had been previously denied precisely because of its offensive material and developers' beliefs. But OUR SAVIOR LORD GABEN stood up for the little man and said "NO, LET ALL RACISTS KNOW OUR PLATFORM IS FOR YOU!"

Yeah fuck that. That's not a good thing, and that anyone would defend it is baffling.
 

Dante

Member
It varies by state, There are no federal discrimination protections for sexual orientation and gender identity.

map15-nondiscriminationlaws.jpg


States that are purple have protections for sexual orientation and gender identity, states that are blue have protections for sexual orientation but not for gender identity, and states that are grey have no protections at all.

Wow........ Still quite a ways to go.
 

Trojan

Member
Could be a dumb/outsider question but is discrimination laws around this issue a state by state thing or America wide?

I got the impression that this sort of discrimination would almost be encouraged in a lot of places, but that may be being very unfair and based only only loud political views, not actual laws.

Not a dumb question :) discrimination laws are state by state, unless it's a situation where actions happen across multiple states, at which point it could be tried in a federal court. Labor law definitely varies from state to state. This apparently is being tried in California, which has much more liberal laws that heavily lean in favor of the employee vs employer (at least in relative terms in the US). For example, in some Southern states things like paid time off and family leave are significantly less than a state like California.

This type of behavior would rarely be encouraged...in just about every state, an employer will get taken to task for this sort of behavior. It's clearly discrimination if her claims are true (but we just don't know quite yet). However, transgender protection laws are somewhat of a new territory, and there still is some bullshit going on in America with getting equal rights in this area. For example, the current transgender bathroom controversy from North Carolina shows how divided we still can be on some of these issues from state to state.
 

Alienous

Member
I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.

What a hill to die on.

I'm just sitting with my head in my hands thinking "Why? Why this angle?".

I don't get it.
 
I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.
What the fuck.

She wasn't asking to be fucking called an 'it' by that person, because obviously she wanted to be a 'she'. Even the article goes by 'she'.
And if you don't fucking know what gender to call someone by I hope you don't call him or her an 'it'. Or maybe ask them? Or use their fucking name??

Also that transgender version of MyBlackFriend is fucking hilarious.
 

Kyuur

Member
No she didn't report the harassment, she only reported the sowing of discord among employees.

Further is the key word there. That's in addition to the other stuff mentioned above and it was reported as a whole.

Also:

31, A supervisor engaged in the conduct, and Plaintiff reported the conduct to human resources who failed to take immediate and appropriate corrective action

Kind of vague, but its hard to think that the discord among employees is the 'conduct' being referred to here.
 
I might be way off, but from the outside, Valve do look like they're trying so hard to not look like a corporation that they're regularly failing at being one when it involves the positive sides of a corporate culture, like customer relationship, accountability or in this case corporate responsibility.

I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.
You're trying way too hard here.
 
Yeah fuck that. That's not a good thing, and that anyone would defend it is baffling.

You have to rely on drawing the line directly from the developers, who identify themselves with white power signifiers but deny it when asked, to the game, which does not include explicitly racist content but comes off as more disturbing if you know the context of its development. I personally think it's a mistake to separate those things and I objected pretty strongly to selling Hatred but it's a question with a more defensible flipside than selling a game that is in and of itself filled with racist content.
 

DedValve

Banned
I don't think her supervisor referring to her as it is offensive, honestly.

I know transgenders who prefer it, and that stuff is so different from person to person, it's like walking on eggshells all the time when you're talking to anyone. She should have informed people what she wanted to be referred to as.

A man should not have to ask people to refer to himself as a him. Same for a woman.

A transgendered person is not a crossdresser. They are now the sex they are. By default in the english, spanish, french and god knows every other language you refer to men as him/his/he'll and women as her/she/hers. To deviate from this immediately comes from a place of disrespect with the intention to harm and belittle.

And no, its not walking on eggshells. See a girl? Call her, her. See a guy? Call him, him. This is something that is taught in american pre-kindergardens.
 

shootfast

Member
Further is the key word there. That's in addition to the other stuff mentioned above and it was reported as a whole.

Personally I find "this" and not "both" meaning she reported the discord and not the prior harassment to HR. We'll find out if it ever goes to the courts.
 
Wow........ Still quite a ways to go.

Makes sense, thanks.

Hopefully things get better in this regard.

In regards to Trans rights, its possible we might see the entire map turn purple in a few years.

Right now the Department of Justice is embroiled in a legal battle with North Carolina and other southern states over their bathroom bills. The DOJ is interpreting gender identity and sex to be equivalent under the Civil Rights Act of 1964 (which bans discrimination based on sex). If the courts side with the DOJ, then all the protections guaranteed under the Civil Rights Act will apply to transgender men and women, just as they do for cis men and women.

Universal discrimination protections for sexual orientation are still probably several years away though, as it will take federal legislation to specifically amend the Civil Rights Act, rather than precedent law set by the court system, which is highly unlikely given the current congress.
 

dsk1210

Member
Valve's product, Steam, is not an "open market". And the game had been previously denied precisely because of its offensive material and developers' beliefs. But OUR SAVIOR LORD GABEN stood up for the little man and said "NO, LET ALL RACISTS KNOW OUR PLATFORM IS FOR YOU!"

Yeah fuck that. That's not a good thing, and that anyone would defend it is baffling.

OK, I can see you are not worth having a conversation with. Good night.
 
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