Can you fire an employee for expressing their discriminatory views, or is that speech protected? This was the question the NLRB answered when addressing a recent wrongful termination complaint.
Ex-Google employee James Damore, now infamous for that 10-page memo he wrote (claiming that biological differences were the reason more women weren’t in leadership positions), filed a complaint against the company.
Damore says that he was fired for expressing his views, a protected concerted activity.
The NLRB released its decision, dismissing Damore’s complaint.
The Board said that some portions of the memo may be protected, but others were not.