Some thoughts on James Damore and the National Labor Relations Board

At some point, the NLRB will look back on the Advice Memorandum  prepared by one of its regional attorneys concerning the Google/James Damore charge and ask itself how such a poorly thought out opinion letter made it into the Board's jurisprudence. The Memorandum has been excoriated in a number of different places. I don't mean to rehash those criticisms here.Some background first. Damore was a Google employee who, in response to diversity training at the company and at the request of a company HR manager, drafted a memo that raised a basic question concerning the effectiveness of Google's diversity initiatives with respect to women. Damore initially circulated the first draft of the document with the HR management team through a feedback form it provided. The memorandum was eventually published on a companywide discussion group called "coffee beans", specifically designed to discuss Google's diversity and inclusion programs.Damore's…

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