The NLRB recently released a January 16, 2018 Advice Memorandum. The tldr version:
Thus, the Associate GC's advice was for the region to dismiss the charge.[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.
Used in commentary. Not licensed use.
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.
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