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NLRB Counsel Concludes Google Did Not Violate the NLRA in Termination of Employee


Late last week, an Associate General Counsel for the National Labor Relations Board ("NLRB") concluded that Google did not violate federal labor law when it terminated an employee after he circulated an internal memorandum that suggested women were not as biologically suited for coding jobs as men.

The employee, James Damore ("Damore"), worked at Google and was terminated shortly after he circulated the internal memorandum that both criticized his employer and also made statements about women in the workplace.  Following his termination, Damore filed a complaint with the NLRB and argued that Google violated Section 8(a)(1) of the National Labor Relations Act ("NLRA") on the grounds that he was unlawfully terminated for engaging in protected activity.  However, the Associate General Counsel disagreed and held that although Damore's memorandum contained protected statements (in regard to his criticism of Google), he was ultimately terminated for statements that were unprotected by the NLRA.  Namely, Damore's comments about women in his memorandum were found to be "discriminatory and constituted sexual harassment, notwithstanding effort[s] to cloak comments with 'scientific' references and analysis, and notwithstanding 'not all women' disclaimers.  Moreover, those statements were likely to cause serious dissension and disruption in the workplace."  Ultimately, the Associate General Counsel recommends dismissing Damore's complaint had it not been withdrawn.

However, last month, Damore chose to drop his NLRB complaint and instead has filed a class action that he and another former Google employee have brought against the company on the grounds that Google discriminates against white, male, and conservative employees.


For a copy of the Associate General Counsel's Memorandum:  https://apps.nlrb.gov/link/document.aspx/09031d45826e6391


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