Infamous Google memo author shot down by federal labor board
Former Google engineer James Damore has attempted to take civil and legal action against his former employer after being fired in August, but on Thursday, a federal memo revealed that one of Damore's filings has been unequivocally denied.
The National Labor Relations Board published its memo this week, which was issued in January after Damore filed a charge against his former employer on August 8. In spite of Damore withdrawing his NLRB filing in September, the board proceeded to examine and issue its own ruling: Google "discharged [Damore] only for [his] unprotected conduct while it explicitly affirmed [his] right to engage in protected conduct." The NLRB emphasized that any charge filed by Damore on the matter should be "dismissed."
In explaining the board's reasoning, NLRB member Jayme Sophir points to two specific parts of the controversial memo circulated by Damore in August: Damore's claim that women are "more prone to 'neuroticism,' resulting in women experiencing higher anxiety and exhibiting lower tolerance for stress" and that "men demonstrate greater variance in IQ than women."
Sophir describes how these gender-specific claims resemble other cases decided by the NLRB that revolved around racist, sexist, and homophobic language in the workplace. She says that specific Damore statements were "discriminatory and constituted sexual harassment, notwithstanding [his] effort to cloak [his] comments with 'scientific' references and analysis, and notwithstanding [his] 'not all women' disclaimers. Moreover, those statements were likely to cause serious dissension and disruption in the workplace."
The NLRB memo also includes a quote from Google's letter of termination given to Damore in August, which Sophir says focused specifically on offending, fireable content while also protecting other portions of his speech:
I want to make clear that our decision is based solely on the part of your post that generalizes and advances stereotypes about women versus men. It is not based in any way on the portions of your post that discuss [the Employer’s] programs or trainings, or how [the Employer] can improve its inclusion of differing political views. Those are important points. I also want to be clear that this is not about you expressing yourself on political issues or having political views that are different than others at the company. Having a different political view is absolutely fine. Advancing gender stereotypes is not.
Damore's lawsuit, which was joined by former Google employee David Gudeman when filed in January, is still awaiting trial.