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Newspaper Obtains James Damore's Complaint Against Google (siliconbeat.com)

A Silicon Valley newspaper brings this update on fired Google engineer James Damore: California law allows employers to fire workers for virtually any reason -- and the Constitutional protection of free speech doesn't apply to private company workplaces. Until now it was unclear how Damore might fight back against Google over his termination. Now, this news organization has obtained the U.S. National Labor Relations Board charge sheet that reveals the basis for Damore's battle. His argument hinges on the contents of his memo, which went far beyond discussing a possible biological reason for the gender gap.

The document contained detailed criticism of Google's diversity initiatives and their effects on employees, and it said that the company's biases led to alienation among employees holding conservative views. His Labor Board charge rests on Section 8(a) subsection (1) of the National Labor Relations Act, which gives employees the right to engage in activities for the purpose of "mutual aid or protection." Google discriminated against Damore by firing him "in retaliation" for activities protected by law, and also possibly to discourage such activities within the company, the charge sheet said. It appears clear that the protected activities Damore refers to are his communications, in the memo, with co-workers, about issues in the workplace.

Google was unavailable for comment, but the newspaper quoted an earlier statement from Google CEO Sundar Pichai that "An important part of our culture is lively debate. But like any workplace that doesn't mean that anything goes."

12 of 471 comments (clear)

  1. Re:So by Anonymous Coward · · Score: 5, Insightful

    Maybe you should read what Damore wrote. Copies are easily available from multiple sources, though look for the unedited copies, not the ones selectively edited to push an agenda. In short, he said there are differences to how men and women approach topics and Google's workplace tended to be more accommodating to men than women, and some changes could help the situation. This was interpreted the way your question implies (which I hope was an honest question rather than a passive-aggressive snark), and he was terminated for what was phrased as an attack on women.

  2. Re:So by Anonymous Coward · · Score: 5, Interesting

    Oh yeah and that was after his managers told him to drop it and he then made the company look bad.

    You do realize that federal law explicitly grants workers the right to bring up discriminatory practices in the workplace, and therefore telling a person who brings it up is a federal law violation? And retaliating against them for bringing it up, or not dropping it, is also a violation? You realize that, right?

    And for those unaware of how these laws work, the person bringing it up does NOT have to be a person negatively effected by the practices.

  3. Re:So by RightwingNutjob · · Score: 5, Funny

    I don't know, MightyMartian. The answer depends on whether or not you've stopped beating your wife yet.

  4. Liberal hypocrisy by elrous0 · · Score: 5, Insightful

    Google fires James Damore for writing a conservative memo.

    Liberals: It's a private company, they're not obligated to respect his free speech rights.

    The NFL fires Colin Kaepernick for kneeling during the anthem

    Liberals: THEY VIOLATED HIS RIGHT TO FREE SPEECH!!

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Liberal hypocrisy by fafalone · · Score: 5, Insightful

      Please stop confusing liberals with progressives. Progressives are the ones who have gone off the deep end with that shit, and consider liberals to also be alt-right nazis wherever liberals stand up against their insanity.
      Liberal: "I favor strong LGBTQIA+ rights, an end to systemic racism and sexism, ..."
      Progressive: "Oh cool hey friend..."
      Liberal: "...but I believe it should be rooted in true equality rather than giving special treatment to some people over others, ..."
      Progressive: "Omg that's so offensive, you're a racist!"
      Liberal: "...and we should acknowledge and operate under the reality that men and women may have different preferences..."
      Progressive: "SHUT UP SEXIST NAZI SHUT UP SHUT UP SHUT CIS-SCUM YOU DON'T DESERVE THE RIGHT TO SPEAK"

      Discussion can't continue after that point, evidence, logic, etc don't matter. It's really sad that it's destroying the left;, but progressives just can't get past forcing identity politics and value-by-victim-points down everyones throat, denying reality (see: wage gap, college sex assault stats), gutting free speech, discriminating against anyone without victim points, gutting due process in all sex crimes, etc. The most extreme ends of the progressive insanity basically just want to reverse racism and sexism, to punish for the oppression by flipping which groups exercise the power to oppress. And in doing all that, they've grouped everyone else on the left in with the right and have absolutely no tolerance for anyone not supporting their methods, even when the same outcome is desired. Hope that clears up the difference.

    2. Re:Liberal hypocrisy by Hal_Porter · · Score: 5, Insightful

      Google fires James Damore for writing a conservative memo.

      Liberals: It's a private company, they're not obligated to respect his free speech rights.

      The NFL fires Colin Kaepernick for kneeling during the anthem

      Liberals: THEY VIOLATED HIS RIGHT TO FREE SPEECH!!

      Another example was the gay wedding cake case. A private company refused to bake a cake saying "I support gay marriage" because the owners were religious types who didn't support gay marriage and they got sued out of business with the left cheering it on.

      Now I'm sure someone will say "gay people are a protected class and white cisscum male like Damore are not".

      Curious how the left keeps adding more protected classes like trans people. I.e. the protected class notion had some validity post civil rights but the left have basically added all the groups other than white ciscum males to the protected class category.

      And then they act surprised when white cismen start acting like an identity group too. Actually I'm surprised it doesn't happen more.

      The left in the US have a peculiar 'build a majority out the minorities' strategy which depends on them siding against white cisscum males and with every other group. I'm not really sure this is viable - e.g. what do the left do if one of their protected groups takes a stand against another. Which basically guaranteed. Black in the US people are less likely to support gay marriage than whites, a poll of UK muslims found zero tolerance for homosexuality. In fact gay rights is something which is almost exclusive to majority white, judeo christian based societies like the US and Europe.

      https://en.wikipedia.org/wiki/...

      There's no real reason to believe that importing lots of people from outside those countries into them will make the country more 'progressive'. And yet the far left continue to say that once white people are a minority will 'true revolution' be possible.

      https://www.theguardian.com/co...

      Of course this sort of rhetoric is hardly likely to make white people decide to vote democrat and stop worrying about immigration.

      If one party is plotting to make you a powerless minority, aren't you more likely to vote for the other? Even if the other party nominates someone who is a bit non politically correct as its candidate? In fact given PC means becoming a powerless minority, maybe Trump's non PC-ness is a feature.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  5. Obviously you didn't read the memo. by JackAxe · · Score: 5, Insightful

    Instead of being as clueless as all the other group-think-morons, you could actually read what he wrote and edited, which was based on feedback of coworkers. But then that would require effort, something virtual-signalling does not. And if you did read it, or got past the TLDR... Nice! Is it that your reading comprehension sucks? Or is it that you're so biased, it has clouded your comprehension?

  6. Re:So by Anonymous Coward · · Score: 5, Informative

    You do realize that federal law explicitly grants workers the right to bring up discriminatory practices in the workplace, and therefore telling a person [to stop] who brings it up is a federal law violation? And retaliating against them for bringing it up, or not dropping it, is also a violation? You realize that, right?

    They didn't retaliate against him for bringing it up.

    Umm, yes they did.

    What happened is he didn't like his manager[']s answer and created a hostile workplace environment (something which they are 100% entitled to act on) by posting his opinions to the entire company.

    He posted it to an internal mailing list dedicated to discussing issues about inclusion, not to the entire company. It was then forwarded by someone else who objected to his memo. So, posting a concern about inclusion to an internal mailing list dedicated to discussing issues of inclusion is now deemed creating a hostile working environment? Interesting theory you have there.

    Now of course you can argue back and forth as to whether you think he's right and whether or not that did create a hostile workplace environment. But that doesn't make your interpretation of the law one I think is correct.

    And sooner or later we'll get a definitive answer on this unless google settles which I doubt they will.

    If you mean if a decision is made by a court, that will only address whether Google's actions in this case violated the law, not whether the interpretation I cited is correct. BTW, go do some research and you may find the law journals I pulled it from. Also, I doubt it will reach a trial since Google will make it go away before that point is reached.

  7. Re:So by Solandri · · Score: 5, Insightful

    No, this is the case where a liberal presents a view that maybe women don't want STEM careers. And those critical of him and who fired him didn't bother to actually read what he wrote, and just assumed the author was a conservative who said that women are inferior at STEM.

    Really, this case has become a great litmus test at determining who actually reads the facts and decides for themselves, vs. who doesn't care about the facts as long as they can use the issue to publicly demonstrate that they're being compliant with the socially acceptable conclusion.

  8. Re:So by fafalone · · Score: 5, Insightful

    Well yeah, you can't exactly say a bunch of scientific papers are wrong by supplying flawed ones yourself.

    The second link is an opinion piece with no scientific debate simply asserting how wrong all mischaracterizations were like everyone else, the first was more interesting, but of the portion that wasn't just explaining how horrible the author thought his opinions were without challenging the facts, and consisted of actual scientific references, the author has a few valid points here and there, but the bias is so incredibly thick and it's full of so much "no you're wrong and you're a racist sexist because I say so" it doesn't even seem worth pursuing the nitpicks; and there's lots of attacking straw men (by erroneously claiming Damore is asserting biology *alone* accounts for something, then linking to evidence for nature and nurture). I mean seriously, the author explicitly states we shouldn't judge people on their individual merits.. how can you really take that as a serious rebuttal? It's clear someone on the far left was extremely personally offended and tried to take it apart, but the extreme bias and desperation produced nothing but opinion, straw men, and minor nitpicks, among the small percentage of the article that actually directly addressed the actual content.
    But that's not a comment I would mod down, since you did at least try to back up the opinion with a non-troll source. Might not mod it up since it's wrong and contradicted by lots of other scientists, but not down.

  9. Re:questions by Cederic · · Score: 5, Insightful

    For all I know the document may have some valid points buried in the misogynist bullshit

    You appear to have redefined the term 'misogynist'. Could you perhaps highlight the "misogynist bullshit" in Damore's document because I didn't spot it.

    Whether he had valid points or not, the way people have demonised his writing means he was indeed clearly working within a hostile workplace culture. It's just that it was clearly hostile to men, not to women.

  10. Re:Extremely interesting piece in the Economist by phantomfive · · Score: 5, Insightful

    The basic problem is that he asserts that women make, on average, biologically inferior engineers.

    He didn't. He said that they choose not to be engineers (which is true, and you agree with it), possibly for biological reasons. Once women choose to become engineers, they are just as good as men.

    --
    "First they came for the slanderers and i said nothing."