Yes. Despite "limiting language" like "studies show" or "on average", the NLRB found that the Damore memo's claims that women are susceptible to "neuroticism" and that they have lower variance in IQ constituted valid cause for Google to terminate.
It's important I think to understand that the NLRB isn't saying that it's unlawful to write the Damore memo. They're not even saying that Damore's IQ and psychology claims violate EEO law. Instead, what they're saying is that they're close enough to the underlying issue of anti-discrimination compliance that the NLRB isn't going to second-guess Google's decision to terminate.
"It's important I think to understand that the NLRB isn't saying that it's unlawful to write the Damore memo."
Well, they did call what Damore wrote "sexual harassment" and "discriminatory", and sexual harassment is illegal and violates EEO, so that is basically saying that what he wrote is unlawful:
"The Charging Party’s use of stereotypes based on purported biological differences
between women and men should not be treated differently than the types of conduct
the Board found unprotected in these cases. [His] statements about immutable traits
linked to sex—such as women’s heightened neuroticism and men’s prevalence at the
top of the IQ distribution—were discriminatory and constituted sexual harassment,
notwithstanding [his] effort to cloak comments with “scientific” references and
analysis, and notwithstanding “not all women” disclaimers."
It is probably not generally unlawful for a rank-and-file employee to make discriminatory statements. You can be fired for doing that, but the government is unlikely to step in and do that for your employer.
Not directly, no. But a company can be held liable if it isn't taking action against discrimination perpetuated by the rank-and-file (whether that be education on the subject, disciplinary action, firing, etc).
It's important I think to understand that the NLRB isn't saying that it's unlawful to write the Damore memo. They're not even saying that Damore's IQ and psychology claims violate EEO law. Instead, what they're saying is that they're close enough to the underlying issue of anti-discrimination compliance that the NLRB isn't going to second-guess Google's decision to terminate.