National Labor Relations Board Rules Damore Firing Legal

As far as I am concerned, Google’s firing of James Damore for expressing the politically incorrect memo about the role of biology concerning the gender gap in tech positions belongs in the category of things they had a right to do, but ought not to have done. As a general rule, I believe that companies ought to have a right to hire and fire whoever they please. I find, however, the reasoning used by the National Labor Relations Board in their ruling that Damore’s termination was legal to be somewhat alarming in its implications concerning the future of free speech and free thought in this country.

Before getting into that issue, I have to comment that the article about this that I read in Wired is as a good example of biased and frankly dishonest reporting that you may find anywhere.

GOOGLE DID NOT violate federal labor law when it fired James Damore, a lawyer for the National Labor Relations Board (NLRB) concluded in a lightly-redacted memo made public Thursday. The former senior software engineer was fired from Google in August after internally circulating a ten-page memo arguing in part that women are not as biologically suited for coding jobs as men.

I wonder whether Louise Matsakis, the author of the piece, is too lazy to actually read the memo, lacks fundamental reading comprehension skills, or is simply mendacious. Damore’s memo, which you can read here, does not state that women are not capable or suited for coding jobs. What Damore does argue is that there are real biological differences between men and women. Alongside the obvious physical differences, there are more subtle differences in emotional responses and cognition. Men and women do not necessarily want the same things out of life nor do they necessarily have the precise same skill sets. There may be some truth to the stereotype that boys are better at math while girls are better at language.

This means that the underrepresentation of women in tech fields may not be entirely due to sexism. It is possible, even probable that fewer women than men are interested in a career in STEM fields and that relatively fewer women possess the skills necessarily for success in such fields. This is not to say that women ought not to enter such fields or that girls who are interested shouldn’t be encouraged, but it may help explain why STEM fields continue to be male dominated and why programs to interest girls may not be as successful as one might hope.

Whether James Damore’s assertions are valid remains to be seen. The idea that men and women may have different interests and abilities ought not to be controversial though. It is remarkable that the same people who believe that there are fifty-seven genders cannot accept the idea that there might be real biological differences between the two real genders or that the people who worship at the altar of diversity balk at the notion of real diversity between groups of people.

As I mentioned the legal reasoning behind the National Labor Relations Board’s decision is disturbing.

The NLRB memo released Friday was written by attorney Jayme Sophir in January—less than ten days after Damore filed his lawsuit.

Sophir concluded that Damore’s memo contained both protected statements (like criticizing Google) and not protected statements (perpetuating stereotypes about women), and that Google ultimately fired Damore for things he said that were not protected under federal law. Sophir wrote in her memo that workplaces should have the ability to “‘nip in the bud’ the kinds of employee conduct that could lead to a ‘hostile workplace.'”

She also said that Damore’s statements about women in his memo “were discriminatory and constituted sexual harassment, notwithstanding effort 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.” Sophir’s memo also cites two instances in which women withdrew their candidacy for engineering positions at Google after learning about the existence of Damore’s memo.

“We are gratified that the NLRB General Counsel found that Google acted lawfully in not allowing this employee to create a hostile work environment,” Cameron Fox and Al Latham, attorneys from the firm Paul Hastings, which represents Google, said in an emailed statement.

James Damore’s employee conduct was writing a memo which contained opinions that some of his co-workers did not like. He wrote the memo in a dry, scientific tone presenting the evidence for his positions in as unbiased and inoffensive manner as possible. He was not trying to offend anyone or cause dissention and disruption in his workplace. Has it become the obligation of employers to nip in the bud viewpoints that dissent from politically correct orthodoxy?

It is not really possible in this for progressives to use the government to impose censorship by means of hate speech laws as they have in other countries, because of that pesky first amendment. Instead they seem to be trying to impose ideological conformity by taking control of private institutions. They have already succeeded in turning many universities into mini-North Koreas, totalitarian enclaves where dissent is swiftly punished. Now they seem to be turning their efforts to employers and social media. If this trend is not checked, we could find ourselves in a country in which the first amendment has become a dead letter. We will still have a theoretical right to free speech, but persons who challenge the prevailing orthodoxy will be denied a platform and will find themselves unemployed and unemployable. This is actually a far more effective way to control dissent than the gulag. Throw a man in jail who speaking heresy and there is the risk that he may become a martyr, a hero to admire and emulate. Deny a man a job for speaking out and he is just an unemployed loser that no one has ever heard of.

With all the discussion of the hostile work environment caused by James Damore’s memo, one  question seems to be overlooked, are the assertions made in the memo true? It seems that the question of whether someone is offended or upset by Damore’s statements is far more important than whether his statement are actually true. If what Damore has to say is false, than it can be debunked. If it is true, than it calls into question a lot of policies meant to increase diversity in the tech industry. Either way, the fact that people are upset over Damore’s memo proves nothing. I cannot help but feel that it was no great loss to Google that the two women withdrew there applications for engineering positions. If they cannot handle facts and opinions that they disagree with, they have no place in a field as innovative as the tech industry. In fact, they have no place in the adult world at all and would best return to their safe spaces at kindergarten.

Silicon Valley has long been the most innovative center of the most innovative industry in the most innovative country in the world. I find it hard to believe that such innovation can continue in an industry, or country, in which feelings are prized above facts and dissenting opinions are viewed with hostility will continue to be innovative. It is not a good sign that Communist China might be a place more open to presenting controversial ideas than Silicon Valley and it would be unfortunate if repressive China takes the lead in developing new technologies over the formerly free United States. Perhaps, if Silicon Valley continues to be hostile to free speech and free thought, innovative people will decide to go elsewhere. Certainly if the United States becomes hostile to free speech and free thought, we will not continue to be the leader in science and technology.

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