Monday, February 19, 2018

James Damore's (aka Google Memo Guy's) NLRB charge withdrawn

An interesting update on James Damore aka Google Memo Guy, who I wrote about previously. As I stated in that post, I thought he had a viable protected concerted activity claim, but that "Google may have a decent defense if it can point to sufficiently inappropriate content in the memo."

The NLRB recently released a January 16, 2018 Advice Memorandum. The tldr version: 
Used in commentary. Not licensed use.
[W]hile much of the Charging Party’s memorandum was likely protected, the statements regarding biological differences between the sexes were so harmful, discriminatory, and disruptive as to be unprotected.
Thus, the Associate GC's advice was for the region to dismiss the charge.

The case page includes a docket entry from January 23, 2018 (just one week after the advice memo), "Letter Approving Withdrawal Request." Does this mean Damore gives up? His new class action lawsuit tells me, probably not.