Google May Be In Trouble For Firing James Damore (inc.com)
Google fired engineer James Damore after he wrote a 10-page document about "Google's Ideological Echo Chamber." taustin writes from a report via Inc. about the potential legal trouble the company may face from firing the "anti-diversity" engineer: Whether Demore is right or wrong, whether one agrees with him or not, Google may have legal trouble for firing him. Employees are protected by federal law when they discuss working conditions with other employees (and this was an internal memo). His memo could be considered whistleblowing, which is also protected (and it is very clear that he was fired as retribution). And, in California, political opinions are protected in the work place as well. Just because one side is wrong doesn't mean the other side is right.
They won't get in trouble because he is a white male. Second they will simply offer a settlement, and then silence him. This will go away.
Whistleblowing implies that he was disclosing potentially illegal activity that google was engaging in. Having a code of conduct that forbids creating a hostile work environment for women is not illegal, therefore he is not whistleblowing.
We've gotten to the point where Google thinks that asking tough questions and seeking answers is less valuable than ideological conformity. Even without legal repercussions, this is not a good look for Google. It undermines the idea that tech is a bastion of the enlightenment.
Reality is a slackware box running on a 386 tucked away in god's sock drawer.
On the one hand this memo is not the best thing ever to be written... it contains the same moral and intellectual certainty that afflicts programmers generally (and many on this site), and I just generally reject that sort of certainty, especially from someone young and sheltered. Any discussion that tries to lump massive groups of population and assign traits to them is going to fail, and it's also going to harm individuals who are assigned to that group who don't fit the traits assumed. (And you can't get around that by liberally sprinkling the phrase 'on average'.) A policy towards trying to break the human urge to hire copies of yourself should be assumed to be a good idea, in my opinion. You don't know what other sections of society will bring so it's probably a good idea to have representation from them. At the same time diversity of opinion should be encouraged, but a lecture to the entire company about how some groups are generally going to be less good at the job is more than just opinion, it's actively causing other people problems.
On the other had, firing him doesn't feel like the right thing to do at all, atleast not until he's proven that he's such a dick that nobody will work with him anymore (if that was to be the case). He's young and certain, and I think wrong. But that's not enough of a reason, if he's doing the job and open to rational debate then I can't see why he should be pushed out so quickly.
While California says you can't be fired for HAVING a political opinion, you can be fired for expressing it.
In the rest of the US, your boss can walk in and fire you just for posting a Pro-Trump picture on your personal facebook page. Alternatively, he could just ask every Republican to raise their hand and then tell everyone who didn't raise their hand, "You're fired".
California banned this practice.
However, your boss can still fire you for wearing a Trump hat to work or sending an internal email that advocates for Hillary Clinton.
Whistleblower Protection
You are a pretty weird whistleblower if you complain internally about a public practice. I cannot imagine anyone EVER considering this a case of whistleblowing.
That would be like an Apple engineer sending around an internal memo about the small battery in their new phones, and then people calling that "whistleblowing". You can't blow the whistle on something that everyone knows about!
Right to Discuss Working Conditions
May be viable. Unfortunately, the memo didn't really discuss working conditions. It discussed business practices. Working conditions addresses how the business practices have an impact on the employee. He was discussing how he felt they were wrong-headed and misguided. Those might be fair assessments, but they are not addressing HIS working conditions.
Did he work more hours because of the hiring practices?
Did he get less time off?
Did it impact him in any demonstrable way?