Slashdot Mirror

According to a recently disclosed letter from the U.S. National Labor Relations Board, Google didn't violate labor laws by firing engineer James Damore for a memo criticizing the company's diversity program. "The lightly redacted statement is written by Jayme Sophir, associate general counsel of the NLRB's division of advice; it dates to January, but was released yesterday, according to Law.com," reports The Verge. "Sophir concludes that while some parts of Damore's memo was legally protected by workplace regulations, 'the statements regarding biological differences between the sexes were so harmful, discriminatory, and disruptive as to be unprotected.'" From the report: Damore filed an NLRB complaint in August of 2017, after being fired for internally circulating a memo opposing Google's diversity efforts. Sophir recommends dismissing the case; Bloomberg reports that Damore withdrew it in January, and that his lawyer says he's focusing on a separate lawsuit alleging discrimination against conservative white men at Google. NLRB records state that its case was closed on January 19th. 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."

According to a recently disclosed letter from the U.S. National Labor Relations Board, Google didn't violate labor laws by firing engineer James Damore for a memo criticizing the company's diversity program. "The lightly redacted statement is written by Jayme Sophir, associate general counsel of the NLRB's division of advice; it dates to January, but was released yesterday, according to Law.com," reports The Verge. "Sophir concludes that while some parts of Damore's memo was legally protected by workplace regulations, 'the statements regarding biological differences between the sexes were so harmful, discriminatory, and disruptive as to be unprotected.'" From the report: Damore filed an NLRB complaint in August of 2017, after being fired for internally circulating a memo opposing Google's diversity efforts. Sophir recommends dismissing the case; Bloomberg reports that Damore withdrew it in January, and that his lawyer says he's focusing on a separate lawsuit alleging discrimination against conservative white men at Google. NLRB records state that its case was closed on January 19th. 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."

itwbennett writes "Your employer won't like it, but they can't stop you from discussing working conditions and compensation with your coworkers on social media. In his most recent social media memo, National Labor Relations Board General Counsel Lafe Solomon said that in 6 of the 7 employers' social media policies he reviewed, he found violations of Section 7 of the National Labor Relations Act, which allows employees to join labor unions and to discuss working conditions with each other."

Doc Ruby writes "The U.S. National Labor Relations Board (NLRB) has ruled to ban off-duty worker 'fraternization,' at the employer's discretion. So getting together for a beer after work can now be prohibited by the boss. With IT workers so commonly producing some of our best work 'after hours,' even at home or in restaurants/bars, will this ruling come back to bite employers in the IT industry? Can they really stop you from talking with your cubicle neighbor on the bus home, if they can't even stop you from reading Slashdot while on the clock?"