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Workplace Discrimination

Analyzing James Damore’s Employment-Related Claims against Google—Part Two

Analyzing James Damore’s Employment-Related Claims against Google—Part Two

After Google terminated James Damore for his now infamous memo, he claimed that he was fired for concerted activities protected under the National Labor Relations Act (discussed in Part One) as well as for pointing out “potentially illegal policies/behavior.”  This post examines whether Damore might have a claim under Title VII of the Civil Rights Act of 1964 for retaliation for opposing his employer’s (allegedly) discriminatory HR policies.  (As noted in the first post, this analysis is inevitably premature, as further facts may come to light that could dramatically change these claims.)