02-28-2018
As was widely reported, former Google engineer James Damore drafted and circulated a lengthy memo that questioned whether women were as capable as men. The 10-page memorandum railed against Google’s culture of silencing conservative voices and attempts at political correctness. He also argued that biological difference between the men and women accounted for the low number of women in tech positions. He suggested that the drive for gender diversity resulted in discrimination against men.Google fired Mr. Damore shortly after the memo’s release. In his termination letter, Google specified that the decision to terminate Mr. Damore was based solely on the portion of his post that “generalizes and advances stereotypes about women versus men.” Google made it clear to Mr. Damore, and to the rest of its employees later, that Google employees have the right to engage in protected speech.
Mr. Damore filed an unfair labor charge with the National Labor Relations Board (NLRB). In the charge, he asserted that he was fired for addressing working conditions, which are protected “concerted activity” under the National Labor Relations Act (NLRA). After reviewing the facts, an NLRB attorney concluded that while much of the information in the memo was protected under the NLRA, the statements about women were not. His statements were “so harmful, discriminatory, and disruptive” as to have violated Google’s anti-harassment and discrimination policies. Mr. Damore had previously withdrawn his NLRB charge with the intent to focus on his still-pending lawsuit.