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Newspaper Obtains James Damore's Complaint Against Google (siliconbeat.com) 471

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."
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Newspaper Obtains James Damore's Complaint Against Google

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  • Weasel words (Score:4, Insightful)

    by boudie2 ( 1134233 ) on Saturday November 04, 2017 @08:55PM (#55491081)
    "An important part of our culture is lively debate. But like any workplace that doesn't mean that anything goes."
    weasel words
    noun
    words or statements that are intentionally ambiguous or misleading.
    • by rtb61 ( 674572 )

      Apparently is actually does mean anything goes. People have only discussed the impact on one employee, how about all the rest. That really mild memo gets you instantly fired, that as a warning to all other 'MALE' employees and hearty have fun to the 'FEMALE' employees, as if that mild memo got you instantly fired, any kind of accusation by any female against any male will get them fired. Personally firing someone for that memo means I would have to walk away from the company ASAP lest I make any mistake or

  • -- Has the definition of harrassment and creating a hostile workplace culture broadened to include when the offensive activity in question is actively engaged in (through calmly / voluntarily reading a website) by the person who claims being harrassed or antagonized?

    -- Does the person who claims being harrassed or feeling antagonized have complete free reign to define what constitutes this and is reasonable for someone to be fired over?

    -- If all of the claims in the "manifesto" were true, does it chang
    • by Altrag ( 195300 )

      Has the definition of harrassment and creating a hostile workplace culture broadened to include when the offensive activity in question is actively engaged in (through calmly / voluntarily reading a website) by the person who claims being harrassed or antagonized?

      No, but the document's existence isn't the problem (I mean its Google, they have access to how many billions of questionable things from around the internet?) the problem is the hostile workplace culture -- the document only exposes the problem.

      Does the person who claims being harrassed or feeling antagonized have complete free reign to define what constitutes this and is reasonable for someone to be fired over?

      No. The managers, HR and other people in charge of staffing defines this. They may or may not agree with the complainant. In this case they did.

      If all of the claims in the "manifesto" were true, does it change whether someone can legally be fired over it? (truth of course is hard to judge)

      No. If the manifesto contained a single line "I think all women suck at computers!", it may well be entirely true (I m

      • Re:questions (Score:5, Insightful)

        by Cederic ( 9623 ) on Sunday November 05, 2017 @06:55AM (#55492647) Journal

        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.

  • Translation (Score:3, Interesting)

    by Opportunist ( 166417 ) on Saturday November 04, 2017 @09:18PM (#55491181)

    An important part of our culture is lively debate. Unless you start making arguments that threaten our position that we cannot refute.

    • Re: (Score:2, Insightful)

      by meglon ( 1001833 )
      An important part of working culture is: do the job, and don't cause problems.

      I think the big problem here is the lack of understanding in some people that when you're at work, they're paying for your time. Using that time to promote your own dogma or bullshit is probably going to be frowned on, and rightfully so. Conservatives, on the other hand, seem to think they can spout their bullshit anywhere and anytime without having and responsibility or repercussions for doing that.

      Advice from someone ol
    • An important part of our culture is lively debate.

      In society, yes. In a country, yes. When influencing others, yes. In a company.... no.

      In a company the only important part of culture is what the directors of the company wish that culture to look like. If you suit that culture you get to stay. If you don't suit that culture then the way to change it is working your way up to the director position and then changing it from the top down. Disagreeing with it provides you with no future. It breeds discontent within a company which itself can lead to a toxic cu

      • by djinn6 ( 1868030 )

        An important part of our culture is lively debate.

        This was a quote from the Google CEO. When he says this, are you supposed to call him out on it or just nod and pretend it was just some bullshit so he can say he "supports free speech"?

  • Liberal hypocrisy (Score:5, Insightful)

    by elrous0 ( 869638 ) on Saturday November 04, 2017 @09:31PM (#55491229)

    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!!

    • Nailed it! I am pretty middle of the road along the liberal-conservative spectrum but support the right of both of these employers to fire these employees who are engaging in speech out of alignment with corporate values on company time: neither are a government employer subject to the First Amendment.

    • Re: (Score:2, Informative)

      by Anonymous Coward

      You don't have a right to free speech in a private company. That's never been the argument.

      The argument is that Google violated James's rights to discuss workplace conditions, and fired him in a retaliatory way, violating the NLRA.

      I'm not really familiar with the NFL guy, but it sounds like he wasn't exactly fired, but his contract expired and he became a free agent. It looks like he's now being blackballed because nobody wants to deal with the politics he brings forth in public. The NFL guy doesn't have

    • by fafalone ( 633739 ) on Saturday November 04, 2017 @11:32PM (#55491621)
      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.
      • Here's where the sleight of hand comes in with your argument:

        Liberal: "...and we should acknowledge and operate under the reality that men and women may have different preferences..."

        Merely stating "that" without answering "why" is more or less meaningless.

        • Re: (Score:3, Insightful)

          by Anonymous Coward

          Not slight of hand. The point is, your comment would have been a decent rebuttal, and would allow discussion to continue. If you reacted with condemnation, with emotional outrage that cast the 'liberal' as evil, discussion would end. We are in a situation where discussion is shut off because of immediate and overwhelming personal attacks.

          The proper response to Damore's essay is to accept the parts that are right, argue against the points that are wrong, explain why, and then let the other side do the sam

        • by Nite_Hawk ( 1304 )

          Here's where the sleight of hand comes in with your argument:

          Liberal: "...and we should acknowledge and operate under the reality that men and women may have different preferences..."

          Merely stating "that" without answering "why" is more or less meaningless.

          There's a very good article at Psychology Today that summarizes a number of the same research articles I've cited on this topic in the past.

          https://www.psychologytoday.co... [psychologytoday.com]

          Look especially at the section summarizing Wang, Eccles, and Kenny (2013). I find one conclusion Dr. Jussim draws from the paper particularly interesting:

          "People (regardless of whether they were male or female) who had only strong math skills as students were more likely to be working in STEM fields at age 33 than were other students".

          I

      • by Uberbah ( 647458 )

        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.

        Whatever it is you're smoking, did you bring enough for everyone? It's liberals, who are right-wing toolbags, [youtube.com] who swing the identity politics club with abandon in order to not deal with the fact that their leaders are frequently more extreme than the worst Republicans they can name. Shi

    • by Hal_Porter ( 817932 ) on Sunday November 05, 2017 @07:32AM (#55492759)

      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 [pewforum.org], a poll of UK muslims found zero tolerance for homosexuality [theguardian.com]. 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/... [wikipedia.org]

      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... [theguardian.com]

      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.

  • by LeDopore ( 898286 ) on Saturday November 04, 2017 @10:23PM (#55491365) Homepage Journal

    The Economist posted the response Google should have sent to James Damore here:

    https://www.economist.com/news... [economist.com]

    It is far more eloquent than a typical Slashdot comment. If you're interested in this subject, and in seeing what in my opinion is the most thoughtful commentary on this subject, the above article is highly recommended.

    • by phantomfive ( 622387 ) on Saturday November 04, 2017 @10:53PM (#55491445) Journal
      I read through that article, but I don't think it's a fair characterization of Damore's paper. From my reading of his paper (or whatever, I don't want to go read it again):

      Damore was saying: A) There are many possible reasons for the gender gap among programmers: here are some suggestions; and B) Google's current recruiting methods are not effective.

      The Economist article you linked to took those "here are some suggestions" and turned them into absolute assertions. You can tell the Economist article is confused because of phrases like, "at least that’s what you seem to be doing; you don’t quite say so." He doesn't say so because that's not what he's doing: the Economist author got confused because he assumed Damore was actually trying to make a solid assertion.
    • Comment removed based on user account deletion
  • bah (Score:5, Insightful)

    by cascadingstylesheet ( 140919 ) on Saturday November 04, 2017 @11:02PM (#55491493) Journal
    Don't say that you want a dialogue about something, then fire somebody if one actually happens.
    • Re:bah (Score:4, Insightful)

      by grasshoppa ( 657393 ) on Sunday November 05, 2017 @01:29AM (#55491989) Homepage

      It does seem to suggest a certain amount of hypocrisy, doesn't it?

      It'd have been easier, for google, if his "memo" were easily dismissable as sexist. However, given he had all his facts lined up and he apparently knew what he was talking about, it does make it out to be quite a problem for Google.

      Regardless of the outcome, it should be interesting.

    • Sure you do. That's precisely the way to weed out the people who are likely to talk behind your back.

    • Re: (Score:2, Insightful)

      by AmiMoJo ( 196126 )

      When someone says "I want to talk about X", they usually don't mean "feel free to say anything at all about X". I doubt Google meant "free free to call your colleagues biologically inferior, inviting lawsuits when you give a less than stellar evaluation of them".

      They clearly meant that they wanted to talk about ways to make it easier for women and minorities, not their biological suitability.

  • Doesn't matter... (Score:4, Insightful)

    by XSportSeeker ( 4641865 ) on Sunday November 05, 2017 @05:19AM (#55492417)

    I read his "essay" in full. It's not completely bad, it has few good points, it has several bad ones, but ultimately this is about the image of the company.
    All in all, no matter how much he tried to make it technical, cold or like a scientific study, it's still basically - men are biologically more apt to some types of jobs rather than women, the "extreme left" is hindering Google as a business, and attempts to bring more women into the company is getting to some extremes he doesn't like and feels threatened by.
    Are there possibly some extreme left inside Google that is blindly against his views? Probably yes. Could they have had a hand in leaking the essay which ultimately led to him being fired? Also probably yes.
    But ultimately, the problem is that Google could not keep him as an employee without it becoming a huge liability. He's smart enough to realize that. His defense will fail because Google will put it up that his attempt of "mutual aid or protection" was obviously damaging to the company as a whole, to several employees, and to general company policies. He has no ground to stand.
    The press took his essay to say it's an attempt to biologically label women as inferior. It's not exactly that, nor it is what the full thing is about, but that's the image that was left.
    With this, it's pretty much unsustainable to keep him there both for Google's image as a company, and as an employee that would most likely create an internal divide that the company really cannot afford.
    Now, Google is a company that has been struggling, spending a whole ton of money, and reforming itself internally to adopt a more progressive role and go exactly against speeches like his. This is probably the current money sinkhole there, as it is on several other social networks.
    His steps towards a better company, at least some of them, are not bad per se, but the way he put it isn't great for anyone.
    It's all about the tone. There's a bunch of useful stuff in his write up, but unfortunately, it came with a bunch of other stuff that threw mud in entire areas where Google is investing a whole lot of money and effort. It calls for elimination of parts of Google. It certainly wasn't only mutual aid and protection, it was also an attack on parts of Google's internal structure. And to make things worse, he politicized his views - the sort of polarization that Google and other big companies are definitely trying to run away from. There's a lot of unjustified and baseless labeling in his speech where he keeps trying to defend stereotypification and labeling with general statistics. It's poor science at best, prejudice at worst.
    If Google kept him there, even if the argument was in defense of free speech or whatever, it would bring the polarization and toxicity of political discussions inside the company more than it probably already is.
    This is a personal opinion of course, but I think Google did the right thing. Even if he somehow wins his complaint, in the long run it'll be far less damaging to the company as a whole.

    • by Anonymous Coward

      If you read the responses to his memo, you'll see that Google already has a toxic workplace culture. Firing him doesn't get rid of the hundreds of Google employees who behaved utterly unprofessionally in response.

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