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Labor Board Says Google Could Fire James Damore For Anti-Diversity Memo (theverge.com)

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."

9 of 605 comments (clear)

  1. Same as in Venezuela by xenog · · Score: 4, Interesting

    I saw this happen in Venezuela: first the ideologues pump their ideology for years, get people to fall in love with their romantic left-wing utopia where human nature dosn't really exist and is a product of society and can and changed at will with enough enthusiasm and—if that doesn't work—good old-fashioned repression. As long as government is not on board the "harmelss" ideas spread and do not cause that much damage. Eventually authorities are elected that are ideologically compromised and we end up with an authoritarian left-wing dictatorship.

    To deny human nature and the findings of science is to deny ourselves understanding that can lead to improvement of our collective quality of life. But if we prefer to be sedated into ideology and expect science to always reinforce our already-established value systems we will just deepen our miseries and do a disservice to ourselves and future generations.

    I read Damore's memo. There is nothing there that disagrees with modern psychology. The findings he refers to have been discovered by psychologists and sociologists from prestigious institutions using sound methodologies. We better accept the information that science gives us and decide how we'll organise incorporating rather than denying the uncomfortable bits. Science doesn't tell us how to be moral, it just tells us what is. It is up to us to find meaning and fairness within the context of what is, and not fall into the trap of thinking that what ought to be is what is. The Universe doesn't need to follow our moral convictions du-jour.

  2. Re:Read the damn thing. by AmiMoJo · · Score: 4, Interesting

    Her reason: "Math is too difficult"

    Great example of how stereotypes can be harmful. In the UK girls overtook boys in maths at school over a decade ago. They are measurably better at maths than boys, once the stereotypes about girls being bad at maths are addressed. Efforts are also being made to address the things that cause boys to lag behind in maths, because no one seriously thinks that boys are biologically inferior with numbers.

    Another interested and related example is how in some European countries with high levels of gender equality the number of women studying STEM is rather low, yet in countries where women are widely oppressed like Iran they are actually the majority. Turns out that because engineering and medicine are not prestigious careers in Iran they are often majority female at university, but in European countries even when there is equality in wages and conditions those centuries of cultural stereotypes are really hard to shake off, especially if it feels like the battle has already been won.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  3. Re:Good. Telling the truth about differences... by jwhyche · · Score: 5, Interesting

    This may not be a freedom of speech issue but it is still a dick move by Google. One that I hope comes back and bites them in the ass.

    --
    I read at +2. If your post doesn't reach that level I will not see or respond to it.
  4. Not a Left v. Right Thing -- It's NOW vs. Judicios by eepok · · Score: 5, Interesting

    I see a lot of commentary in these Damore threads suggesting that everyone who leans left politically must believe that the irrational, authoritarian form of progressivism is the way forward. Similarly, others are accusing defenders of Damore's memo as being regressive neckbeards.

    It's not that simple nor is the argument along the line of political leanings. It's about speed and collateral damage.

    Nearly a decade ago, the Tea Party Movement began its own irrational and loud stranglehold on conservative politics. There were loyalty oaths and identity politics. The Republican party is still trying to re-discover itself and its integrity having sold itself to the more ignorant side of populism.

    Today, following almost the same exact playbook, there is a very vocal minority of the liberal-leaning part of America who is choosing activism over advocacy, punishment over education, and change now without consideration for collateral damage. Again, the face of irrational populism peaks over the the horizon.

    These are the same beasts with different goals. Both are repulsed by the long-game of social change. They refuse to accept that society changes at the speed of generations. They don't want to accept that engineers are grown from a young age, not simply given jobs. They don't care that reducing deficit first comes with a better-educated populace and thus a better workforce. They want what they want NOW. They want to show short term gains because all will be damned if they didn't make their mark on this world before they shuffle this mortal coil.

    But then there are the mature conservatives and the mature liberals who know that it simply takes time to coexist and progress together. It takes time to convince people to compromise and it takes time for those who refuse to compromise to die off. And when you force try to force people to change under threat of loss of loss of livelihood or try to shoe-horn in a solution that benefits the very few without consideration for the many, you will get widespread resentment, rebellion, and reaction. And the cycle will continue.

    Or we can simply teach our young parents that they should foster the spark of nerd they see in their daughters as they would an ember in tinder instead of immediately reaching for the Barbies and pom-poms. They should step in to prevent the mockery of nerds, gamers, and computer users so that there is less social resentment harbored by those who choose to be so engrossed in the loving blue glow of a monitor. And then allow those better-adjusted, better-educated, and more equitably educated children grow up and show their actual demand in their chosen fields of work.

    Or we can just keep trying to force it and fighting about it.

  5. Re:Good. Telling the truth about differences... by serviscope_minor · · Score: 1, Interesting

    OK then, I'm calling. What do you think my opinion is?

    Sure, I'll show you mine if you show you me yours.

    Here's the hash of mine:

    84b0769ecea58f7740bfcc93aa7fa96df6f3d9893263c9eabc64bdc14d1cc483

    mine is now set in stone. You post the text of yours and I'll post the text of mine matching that sha256 hash. This way we can both state what we think without chainging it from the other person going first.

    --
    SJW n. One who posts facts.
  6. Re:Good. Telling the truth about differences... by Hal_Porter · · Score: 5, Interesting

    Another point in his favour is that he was saying that there are better ways to make the gender balance more equal than 'illegal discrimination'

    https://web.archive.org/web/20...

    The harm of Google's biases

    I strongly believe in gender and racial diversity, and I think we should strive for more. However, to achieve a more equal gender and race representation, Google has created several discriminatory practices:
    * Programs, mentoring, and classes only for people with a certain gender or race
    * A high priority queue and special treatment for "diversity" candidates
    * Hiring practices which can effectively lower the bar for "diversity" candidates by decreasing the false negative rate
    * Reconsidering any set of people if it's not "diverse" enough, but not showing that same scrutiny in the reverse direction (clear confirmation bias)
    * Setting org level OKRs for increased representation which can incentivize illegal discrimination

    These practices are based on false assumptions generated by our biases and can actually increase race and gender tensions. We're told by senior leadership that what we're doing is both the morally and economically correct thing to do, but without evidence this is just veiled left ideology that can irreparably harm Google. ...

    Suggestions

    I hope it's clear that I'm not saying that diversity is bad, that Google or society is 100% fair, that we shouldn't try to correct for existing biases, or that minorities have the same experience of those in the majority. My larger point is that we have an intolerance for ideas and evidence that don't fit a certain ideology. I'm also not saying that we should restrict people to certain gender roles; I'm advocating for quite the opposite: treat people as individuals, not as just another member of their group (tribalism).

    My concrete suggestions are to:

    De-moralize diversity.
    * As soon as we start to moralize an issue, we stop thinking about it in terms of costs and benefits, dismiss anyone that disagrees as immoral, and harshly punish those we see as villains to protect the "victims."

    Stop alienating conservatives.
    * Viewpoint diversity is arguably the most important type of diversity and political orientation is one of the most fundamental and significant ways in which people view things differently.
    * In highly progressive environments, conservatives are a minority that feel like they need to stay in the closet to avoid open hostility. We should empower those with different ideologies to be able to express themselves.
    * Alienating conservatives is both non-inclusive and generally bad business because conservatives tend to be higher in conscientiousness, which is required for much of the drudgery and maintenance work characteristic of a mature company.

    Confront Google's biases.
    * I've mostly concentrated on how our biases cloud our thinking about diversity and inclusion, but our moral biases are farther reaching than that.
    * I would start by breaking down Googlegeist scores by political orientation and personality to give a fuller picture into how our biases are affecting our culture.

    Stop restricting programs and classes to certain genders or races.

    * These discriminatory practices are both unfair and divisive. Instead focus on some of the non-discriminatory practices I outlined.

    If you say that you agree with what your employer is trying to do but they way they are doing it 'incentivising illegal discrimination' and suggest legal alternatives that makes you a whistleblower. CA has a whistleblower protection law -

    https://www.workplacefairness....

    Could Damore claim under it? I'm not sure. If I were him I'd try though.

    --
    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;
  7. Re:Good. Telling the truth about differences... by sjames · · Score: 4, Interesting

    I think that if you lay traits out on spectra, you'll find two bell curves with a great deal of overlap, one representing women, another representing men. Much of that may be a matter of socialization, but that doesn't make it not exist.

    None of that is a value judgement and none of it grants an overall superiority to either gender.

    Damore made too much of that and made a few poor word choices, but then many people read a LOT more into it than he actually wrote.

    But perhaps more to the point here, what he wrote wasn't hostile, nor was it anti-diversity. Right or wrong, he seemed to genuinely want to foster more diversity. He did not release it outside of Google and shows no sign of intent that it ever be read outside of Google. Interestingly, as far as we know, the jackass that published his essay for the world seems not to have been penalized at all.

  8. "[Girls] are measurably better at maths than boys" by Snufu · · Score: 4, Interesting

    In the UK girls overtook boys in maths at school over a decade ago.

    Exactly when they stopped testing accrued competence in 2000. When they returned to an objective competency test in 2017:

    A-level results 2017: Boys overtake girls in top grades for first time in years

    Some 43 per cent of male maths candidates scored an A or higher, compared with 41.1 per cent of girls.

  9. Re:Good. Telling the truth about differences... by serviscope_minor · · Score: 1, Interesting

    I think that a good fraction of people advocating for free speech are doing nothing of the sort: they're merely advocating for license to be a jerk.

    --
    SJW n. One who posts facts.