James Damore, a former Google engineer, was fired last August after circulating a memo in which he argued that men predominate in software engineering because they are more biologically inclined toward analytical thinking than women; decried the company’s diversity and inclusion efforts as reflecting an “authoritarian” and “extreme” ideology; and claimed that Googlers with conservative political views were shamed, shunned, and silenced for expressing their opinions. Damore cried foul over his termination and subsequently filed a complaint with the National Labor Relations Board, then, along with another employee, later sued Google, claiming that the tech giant discriminated against white men.
The NLRB complaint was withdrawn later in January, ostensibly so that Damore and his lawyer Harmeet Dhillon could focus on the discrimination suit. But a newly disclosed letter written days earlier by Jayme Sophir, associate general counsel of the NLRB’s division of advice, concludes that Google had every right to fire Damore over the contents of the memo, Adi Robertson reports at the Verge:
In her analysis, Sophir writes that employers should be given “particular deference” in trying to enforce anti-discrimination and anti-harassment policies, since these are tied to legal requirements. And employers have “a strong interest in promoting diversity” and cooperation across different groups of people. Because of this, “employers must be permitted to ‘nip in the bud’ the kinds of employee conduct that could lead to a ‘hostile workplace,’” she writes. “Where an employee’s conduct significantly disrupts work processes, creates a hostile work environment, or constitutes racial or sexual discrimination or harassment, the Board has found it unprotected even if it involves concerted activities regarding working conditions.” …
Google CEO Sundar Pichai canceled a town hall meeting he had scheduled for Thursday to discuss the issues raised by an employee’s controversial memo questioning the company’s diversity and inclusion initiatives, and the subsequent termination of the author of that memo, engineer James Damore. Pichai said he opted to cancel the meeting after questions intended for the meeting were leaked to the media and some Google employees’ names ended up on “alt-right” websites, resulting in them becoming targets of online harassment, Recode’s Kara Swisher reports:
“We had hoped to have a frank, open discussion today as we always do to bring us together and move forward. But our [internally submitted] questions appeared externally this afternoon, and on some websites Googlers are now being named personally,” wrote Pichai to employees. “Googlers are writing in, concerned about their safety and worried they may be ‘outed’ publicly for asking a question in the Town Hall.” …
Sources inside Google said some employees had begun to experience “doxxing” — online harassment that can take various forms and is defined as “searching for and publishing private or identifying information about [a particular individual] on the internet, typically with malicious intent.” Several sites … have been publishing internal discussion posts and giving out information on those employees.
“In recognition of Googlers’ concerns,” Pichai wrote in his announcement that the meeting was canceled, “we need to step back and create a better set of conditions for us to have the discussion. So in the coming days we will find several forums to gather and engage with Googlers, where people can feel comfortable to speak freely.”
James Damore, a senior software engineer at Google who was fired from his job on Monday after circulating a ten-page memo criticizing the company’s diversity efforts and making disputed claims about the biological differences between men and women, has said he is exploring his legal options for challenging his termination, and will likely take action against his former employer, the New York Times reports:
“I have a legal right to express my concerns about the terms and conditions of my working environment and to bring up potentially illegal behavior, which is what my document does,” Mr. Damore said. … Before being fired, Mr. Damore said, he had submitted a complaint to the National Labor Relations Board claiming that Google’s upper management was “misrepresenting and shaming me in order to silence my complaints.” He added that it was “illegal to retaliate” against an N.L.R.B. charge.
However, it’s not at all clear that Damore has a legal leg to stand on, Reuters adds:
Nonunion or “at will” employees, such as most tech workers, can be fired in the US for a wide array of reasons that have nothing to do with performance. The US National Labor Relations Act guarantees workers, whether they are in a union or not, the right to engage in “concerted activities” for their “mutual aid or protection.” Damore, though, would most likely face an uphill fight to seek that protection based on his memo, said Alison Morantz, a Stanford University law professor with expertise in labor law.