Sam Machkovech, Ars Technica, February 16, 2018
Former Google engineer James Damore has attempted to take civil and legal action against his former employer after being fired in August, but on Thursday, a federal memo revealed that one of Damore’s filings has been unequivocally denied.
The National Labor Relations Board published its memo this week, which was issued in January after Damore filed a charge against his former employer on August 8. In spite of Damore withdrawing his NLRB filing in September, the board proceeded to examine and issue its own ruling: Google “discharged [Damore] only for [his] unprotected conduct while it explicitly affirmed [his] right to engage in protected conduct.” The NLRB emphasized that any charge filed by Damore on the matter should be “dismissed.”
In explaining the board’s reasoning, NLRB member Jayme Sophir points to two specific parts of the controversial memo circulated by Damore in August: Damore’s claim that women are “more prone to ‘neuroticism,’ resulting in women experiencing higher anxiety and exhibiting lower tolerance for stress” and that “men demonstrate greater variance in IQ than women.”
Sophir describes how these gender-specific claims resemble other cases decided by the NLRB that revolved around racist, sexist, and homophobic language in the workplace. She says that specific Damore statements were “discriminatory and constituted sexual harassment, notwithstanding [his] effort to cloak [his] comments with ‘scientific’ references and analysis, and notwithstanding [his] ‘not all women’ disclaimers. Moreover, those statements were likely to cause serious dissension and disruption in the workplace.”