The Denver Post

GOOGLE’S FIRING OF DAMORE WAS LEGAL, NLRB SAYS

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WASHINGTON» Google’s firing of an engineer over his controvers­ial memo criticizin­g its diversity policies and “politicall­y correct monocultur­e” didn’t violate U.S. labor law, a federal agency lawyer concluded.

Statements in James Damore’s 3,000-word memo “regarding biological difference­s between the sexes were so harmful, discrimina­tory, and disruptive” that they fell outside protection­s for collective action in the workplace, an associate general counsel for the National Labor Relations Board wrote in a six-page memo disclosed Thursday.

Damore withdraw his complaint in January and his lawyer has said she’s focusing instead on the engineer’s lawsuit accusing the internet giant of harassing him and others over their conservati­ve political views.

When he was dismissed in August, Damore accused Google of violating the employee right to engage in “concerted activity” to address workplace issues, a category which the labor board has found can include forms of activism ranging from lawsuits to strikes to social media posts.

“Much of” Damore’s memo was probably protected under the law, the labor board’s attorney, Jayme Sophir, said in the Jan. 16 memo. But Sophir went on to find that Google discharged Damore only for his “discrimina­tory statements,” which aren’t shielded by labor law. — Bloomberg News

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