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by tptacek
3046 days ago
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No, the Advice Memo repeatedly notes that much of the memo is not objectionable. The problem Damore faced with the NLRB is that Google was careful to terminate him specifically and exclusively for the parts of the memo that would advocate policies problematic under EEO laws. They read the whole memo (and indeed summarize a lot of it, not just the prejudicial bits). |
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> ~ 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~ effort to cloak~ comments with "scientific" references and analysis, and notwtihstanding "not all women" disclaimers.
"Effort to cloak" and quotation marks around "scientific" are giving something away about the author.
> Moreover, the Charging Party reasonably should have known that the memorandum would likely be disseminated further, even beyond the workplace.
Damore "reasonably should have known" someone else was going to violate workplace confidentiality and code of conduct by leaking the document to the media? This seems like a failure of the employer not the employee.
> Once the memorandum was shared publicly, at least two female engineering candidates withdrew from consideration and explicitly named the memo as their reason for doing so.
This is the evidentiary component of the argument - which pivots on the not-so-reasonable "reasonably should have known" assertion.