Inc. writer Suzanne Lucas has predicted that a lawsuit against Google will be forthcoming, after explaining why the company’s firing of employee James Damore was in her opinion illegal.
Damore was fired from Google this week after publishing a viewpoint diversity manifesto, which explained why there are not more women in tech jobs and called for more ideological diversity in Google’s workplace.
In a memo, the company claimed Damore had advanced “harmful gender stereotypes in our workplace,” despite the fact that numerous psychologists, male and female, deemed the manifesto to be scientifically accurate.
Referencing an article written by employment attorney Dan Eaton before Damore’s dismissal, Inc writer Suzanne Lucas explains why the company should never have fired the employee.
“California is an at-will state, and if a company doesn’t want an employee to perpetuate any gender stereotypes, that’s its right. Except when it isn’t,” declared Lucas. “Eaton points out that employees are allowed to talk among themselves about working conditions. This is why your boss can’t ban you from sharing your salary with your co-workers. But working conditions aren’t limited to salary discussions.”
“The purpose of his essay was to talk about what he perceived as a need for change in the company. He shared it internally, with his co-workers. In other words, this just might be a protected activity,” she explained, before also adding, “In most states, political views aren’t protected in the workplace, but in California they are.”
“Love his views or hate them, they are definitely political in nature,” Lucas proclaimed. “California law prohibits employers from threatening employees in order to get them to change their political views.”
The statute in question leaves some skeptical of Lucas’ claims, but this view may have merit in the eyes of the court system.
Lucas also claimed that Damore could be protected under California’s whistleblower laws.
“Damore claimed that some of Google’s practices violate federal discrimination laws. When we talk about affirmative action, federal law allows you to hire a woman or minority candidate over a male or white candidate if both are equally qualified. But what it doesn’t allow you to do is hire a less qualified female or minority candidate,” she continued. “Damore believed Google’s policies were doing just that. To be protected, ‘the engineer doesn’t have to be right that some of Google’s diversity initiatives are unlawful, only that he reasonably believes that they are.'”
Yesterday we reported that Damore is reportedly exploring legal remedies.
Lucas then concluded her article, predicting, “I’m sure a lawsuit will be forthcoming.”