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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. Racist facts by DavenH · · Score: 5, Insightful

    When facts are deemed discriminatory, you know that ideological rot has set in.

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

      I just read the article. There were a few quotes from scientists that really weren't all that cogent in "debunking" anything Damore wrote. On top of that, most of article was a big giant pile of projection. The central thesis to that article was that James Damore started at a conclusion and cherry picked findings to assert to support his pre-supposed conclusion. What is actually going on is the opposite. What is actually going on from what I read in that article was the converse. In fact, it seems like the author of the wired article is far more guilty of that logical sin than Damore is.

      In any case, the scientists that Damore cites actually say that women tend to do better than men in math related subjects. How do I know this? Months ago out of sheer curiosity I read the damn studies. Damore didn't falsely represent the findings.
      So, if women are generally sharper at math than men, why then do women shy away from STEM fields? The science has shown over and over that women typically favor working in social environments, and men the opposite. This is why you see a a massive disparity of gender ratio in fields like veterinary medicine and nursing. Why don't you see new agencies blasting the medical field for such gender disparities?

      Simply put, people gravitate towards what interests them. That is the essence of what Damore was saying, and i'm sorry but psychological science by and large has settled the matter that men and women in general are interested in different things. What is more sad about the rage against Damore is that he in fact suggested ways in the memo in which the tech industry might go about attracting more women. His whole point was that arbitrary affirmative action and quotas were not going to solve the problem. You had to solve the interest problem first. Being blind to facts and truth will hinder you from ever making the progress you actually want to achieve. He wasn't trying to explain reasons why women should stay out of tech, rather he was explaining why they aren't getting into tech, and what could be done to actually resolve it instead of trying to push the fantasy narrative of SJWs claiming that men and women are pretty much the same biologically and psychologically in all aspects. That's bullshit and sane people know it. If you want real progress, you have to start with truth.

  2. Read the damn thing. by Anonymous Coward · · Score: 5, Informative

    There is so much disinformation surrounding Damore.

    His memo was not against diversity. He specifically included very well-researched and reasoned suggestions on how to encourage more women to get involved and make tech more attractive to them as a career choice.

    Read the damn thing yourself, people.

  3. Re:Good. Telling the truth about differences... by sjames · · Score: 5, Insightful

    Unless, of course, the author just said that to avoid being driven out of academia for heresy.

  4. 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.

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    I read at +2. If your post doesn't reach that level I will not see or respond to it.
  5. Re:Translation: by nonBORG · · Score: 5, Insightful

    The PC (Politically Correct) police can fire you, it is official.

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    You can't handle the truth! - Because I don't post left all my comments get modded down, bye bye Karma.
  6. 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.

  7. Re:Good. Telling the truth about differences... by Anonymous Coward · · Score: 5, Insightful

    This is how freedom dies, by redefining what it is.

    Freedom of speech is not just a government law, it's also a cultural value. When people or organizations don't support or tolerated dissenting opinions, then they are unambiguously against free speech. If the culture doesn't support a particular freedom, the legislation won't be far behind.

    Arguing otherwise reminds me of the old Polish joke: In Poland we have freedom of speech. In America you have freedom after speech.

  8. 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.

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