Further to my last post on the James Damore lawsuit against Google, last week, the National Labour Relations Board (a government body) released their legal opinion on Damore’s termination by Google.
They concluded that the termination was lawful and that the expression of Damore’s views, that there are certain aggregate differences between men and women, which are due biology, amounted to harassment. This was despite acknowledging that Damore accepted he was merely making generalisations, which did not apply universally. The advice claimed that Damore tried to “cloak” his views with reference to scientific studies (without offering any evidence refuting the empirical assertions he made).
The advice may be persuasive for the Court in the lawsuit but the Court will not have to follow it.
You can read the advice here by clicking on ‘advice response memo’.