James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

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Orlylicious
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James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#1

Post by Orlylicious » Tue Jan 09, 2018 3:24 am

The alt right is going berserk over this, they've been in love with Damore since he was fired and they think these lawsuits are the coolest thing ever. This is getting picked up by mainstream media.





A suit brought by Barnes Law: "Google, Twitter face new lawsuits alleging discrimination against conservative voices"

WaPo:
Google, Twitter face new lawsuits alleging discrimination against conservative voices
By Elizabeth Dwoskin and Craig Timberg January 8 at 3:08 PM

James Damore, the former Google engineer who was fired after distributing a memo questioning the company’s diversity policies, filed a class-action lawsuit Monday claiming that the technology giant discriminates against white men and conservatives. :roll:

Damore’s suit came on the same day that conservative publisher Charles C. Johnson sued Twitter for banning him from the platform in 2015. The cases are the latest signs of a broad effort by some conservatives to challenge technology companies on the grounds that they favor liberal or moderate voices, reflecting the prevailing political sensibilities in Silicon Valley. The technology industry’s crackdown against users accused of “hate speech” after August’s “Unite the Right” rally in Charlottesville has fueled allegations of political bias against companies that are playing a crucial role is disseminating speech worldwide.

The suit by Damore, filed in Santa Clara, Calif., alleges discrimination by Google against men, people of the “Caucasian race,” and people with perceived conservative political views. The suit says that Google employees who expressed views deviating from the majority at Google on politics or on employment practices, including “diversity hiring policies, bias sensitivity, and social justice,” were “singled out, mistreated, and systematically punished and terminated from Google,” in violation of their legal rights. Damore’s fellow plaintiff in the class action is another Google employee, a former software engineer named David Gudeman.

Google fired Damore after he wrote a 10-page memo titled “Google’s Ideological Echo Chamber: How bias clouds our thinking about diversity and inclusion.” Though initially circulated internally in July, it reached a wide audience in August when Motherboard published the memo, saying the “anti-diversity memo” had gone “internally viral” at the Mountain View, Calif.-based technology company. The memo said that “genetic differences” may explain “why we don’t see equal representation of women in tech and leadership.”
***
The American legal system has long given wide latitude to technology companies and the manner in which they choose to enforce their terms of service. But the suit makes particular reference to the California state constitution’s guarantee of free speech. Courts in that state have in the past highlighted the importance of free speech rights even when exercised on private property, making the state potentially more amenable to Johnson’s claims about censorship on a private online platform such as Twitter, said Jonathan Zittrain, faculty director of Harvard’s Berkman Klein Center for Internet and Society. “Of all the places to bring a long-shot case like this, California would be the place,” Zittrain said.
Much more at https://www.washingtonpost.com/news/the ... af652bf4fd

TechCrunch:
Google said it fired Damore for violating its code of conduct and advancing “harmful gender stereotypes in our workplace.” Damore meanwhile began a kind of press tour, denouncing the company for being close-minded and worse. In an interview with CNBC, for example, he compared being a conservative at Google to “being gay in the 1950s.”

In a press conference this afternoon, Damore’s attorney, Harmeet Dhillon, a California representative for the Republican National Committee, elaborated more on the very lengthy complaint and argued that her current clients are far from alone.

In fact, she said she spoke with “dozens” of employees at Google to formulate the lawsuit and that she expects there will be “future lawsuits” to explore, as well.

To underscore her point that Google’s policies need to be amended, she cited so-called TGIF meetings at Google, telling reporters that during Damore’s tenure, “managers were called out and shamed and mocked if they didn’t have 50/50 gender parity in [their respective] units.” She called the goal “fair” but asked, rhetorically: “How do you get there? Job fairs. Making yourself more attractive. Not by saying, ‘White guy, you can’t have that job because that’s reserved for a woman or [other] minority.'”
https://techcrunch.com/2018/01/08/james ... ervatives/




Geoffrey Miller ‏Verified account
@primalpoly

The most important lawsuit in modern American history, by @JamesADamore, against the most powerful company that has ever existed, @Google, about whether it can keep imposing its political agenda on the world. So, yeah, it's kinda worth reading.


Tons of Zibits :dance:





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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#2

Post by neeneko » Tue Jan 09, 2018 8:32 am

I am guessing this suit has pretty much zero chance of being successful, but will advance the legal and lecture circuit careers of the people involved. Damore has already become a right wing darling and will probably be quite comfortable at any number of conservative tech companies.



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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#3

Post by Sterngard Friegen » Tue Jan 09, 2018 9:38 am

The new protected class: male, white, right wing snowflakes.



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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#4

Post by neeneko » Tue Jan 09, 2018 9:48 am

Sterngard Friegen wrote:
Tue Jan 09, 2018 9:38 am
The new protected class: male, white, right wing snowflakes.
Well, their entire schtick is that nothing should be done that doesn't benefit them first and foremost, so if women and minorities get protections, they should get the same ones with priority!



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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#5

Post by NMgirl » Tue Jan 09, 2018 10:13 am

Google has been publishing the stats on diversity in the company since 2014. Business Insider gives us the info from the June, 2017, report:
Google has released its latest report showing the ethnic and gender makeup of its employees.

Here's the summary:

75% of Google's leaders globally are men
2% of its employees in the US are black
Just 20% of tech employees are women
But 48% of non-tech employees are women
More than a third of Google's US employees are Asian
http://www.businessinsider.com/google-d ... 017-2017-6



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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#6

Post by NMgirl » Tue Jan 09, 2018 10:21 am

Who is David Gudeman, the other plaintiff in this lawsuit?
Gudeman, Damore’s co-plaintiff, worked as an engineer at Google for three years before being let go in 2016. The lawsuit claims that he left a comment on a document written by a female Google engineer in which Gudeman asserted that white men are “victims of a racist and sexist political movement and it is not their fault.”

:snippity:

“Gudeman’s comments were not well-received by other supposedly open-minded Googlers,” the lawsuit states.

Gudeman also posted supportive comments on internal forums about then-President-elect Donald Trump in the fall of 2016 and bickered with a Muslim co-worker who wrote about his fears of religious discrimination. Gudeman wrote that he looked into the employee’s background and questioned him about a recent trip to Pakistan, according to the lawsuit. These comments led to his termination in December 2016.

“Google HR stated that Gudeman had accused [his co-worker] of terrorism based on [the co-worker]’s religion, and this was unacceptable,” the lawsuit says.
https://www.engadget.com/2018/01/08/goo ... imination/



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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#7

Post by DejaMoo » Tue Jan 09, 2018 5:07 pm

neeneko wrote:
Tue Jan 09, 2018 9:48 am
Sterngard Friegen wrote:
Tue Jan 09, 2018 9:38 am
The new protected class: male, white, right wing snowflakes.
Well, their entire schtick is that nothing should be done that doesn't benefit them first and foremost, so if women and minorities get protections, they should get the same ones with priority!
David Grover has described the basic personality type that we focus on here on The Fogbow. We see it in the so-called patriot movement, we see it in the MRA types - basically, it's the aggrieved right wing.
30% of every OECD country polls fascist. That's just always been the case, for 150 years. In most modern wealthy democracies those people are afraid to express their opinions, because its commonly understood that people who hold those opinions are generally detrimental to the common good. That was the political lesson of WWII.

In the US however they get their own news channels and one-half of the political power, because for some reason around 1980 we all started feeling sorry for the narcissistic fantasists and sentimentalists that call themselves "movement conservatives," who told us they felt bad because they were left out of what they called "the Liberal consensus."

The Liberal consensus was really just an agreement not to let the aforementioned narcissists do what they do best, which is to monopolize the conversation and claim its all about *me* and *my pain* and what about *my people*, which in general prevents us from confronting actual real live reality, like genuinely poor people and genuine disasters like climate change. And we let down our guard, forgetting that these 30% always feel bad, because they really have nothing more to their belief system than a heightened sense of persecution coupled to a heightened sense of their worth. Everything else - their politics, economics, religion, sociology - is an attempt to rationalize those two basic principles: "I oughta be in charge, but my inferiors won't let me."

30 years later people in the media think they're entertaining and sell eyeballs so they give them a seat at the table, and they don't realize the fascists want all the seats and have bad table manners besides. And while the rest of us would like to pay attention to the reality we've ignored since Reagan first pretended he was President, the media and the conversation is dominated by these 30%, who refuse to give up their fantasyland, just as we should have known they would.

I'm not normally reductive when it comes to people, but that these 30% would hallucinate that they're hard done by and at the same time threaten the rest of us over their perceived injury is as predictable as flowers blooming in spring.

[We need to know this] because these people are dangerous. When I say that the liberal consensus was all about making them feel bad so they'd keep these opinions to themselves, about putting a little responsibility around their first amendment rights, I'm not joking. When Reagan killed the fairness doctrine he freed these people - who were his people - to say whatever they wanted. But they're largely incapable of understanding consequences or causality; the personality operates at a level of wish fulfillment and childish vindictiveness that means they really don't know what they're saying. They don't understand that people die because of the things they say.

I'm about as much of a first-amendment absolutist as you can be as a Canadian who's lived at the far western edge of California for 20 years. But these people present a problem: they will shout fire in a crowded theatre, whether there's a fire or not, and afterward claim to be the victim, claim in fact to be more of a victim than the people who were trampled and physically injured as a result. The because part of that, it turns out, isn't really all that important; this personality type always sees itself as aggrieved, and so they'll come up with whatever deluded reason they need to in order to explain how they got hurt worse than everyone else.



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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#8

Post by bob » Tue Jan 09, 2018 5:56 pm

Orlylicious wrote:
Tue Jan 09, 2018 3:24 am
In a press conference this afternoon, Damore’s attorney, Harmeet Dhillon, a California representative for the Republican National Committee, elaborated more on the very lengthy complaint and argued that her current clients are far from alone.
Dhillon runs a small litigation firm; a 2014 profile of her.


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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#9

Post by Orlylicious » Fri Feb 16, 2018 6:27 pm

Axios reports:
Kia Kokalitcheva 1 hour ago
Google didn’t violate labor laws by firing engineer over memo

The National Labor Relations Board concluded last month that Google's firing of engineer James Damore over his infamous memo didn't violate labor laws, according to Bloomberg.

Why it matters: Damore's firing after he published a document arguing that biological gender difference could account for the lack of women in tech has been hailed as proof of Silicon Valley's intolerance for conservative viewpoints.

A lawyer for the agency also noted in the newly-disclosed findings that Google disciplined another employee for sending Damore a threatening email because of his memo.

What's next: Damore is still suing Google for discrimination, separately from this complaint to the National Labor Relations Board.
https://www.axios.com/google-legally-fi ... 951f5.html


There's a guy who works at DC charter schools who got suspended for his hateful Twitter activity, he goes by Jack Murphy @jackmurphylive

WAMU, Jan 24
D.C. Charter School Board Investigating Senior Employee For Alleged Alt-Right Links
Martin Austermuhle

The D.C. Public Charter School Board, which oversees the city’s charter schools, says it is investigating allegations that one of its employees anonymously wrote blog posts that critics say are aligned with the “alt-right,” an amorphous political movement that is associated with white nationalism.

The employee, John Goldman, a senior manager of finance, analysis and strategy with the charter school board, admits that he has posted to his blog for years — weighing in on issues ranging from career and dating advice to illegal immigration and feminism — but denies any association with the alt-right or white nationalism. He says he is the victim of a “vicious smear campaign indicative of the nasty times we live in.”

“I 100 percent deny any association, affiliation with, or support of the alt-right, [white nationalist] Richard Spencer, racism, fascism, or anything else other than a liberal Democracy where each citizen has equal protection under the law,” he said in an email. “Any notion I am a white supremacist is a complete fabrication, while the opposite is unquestionably true: I am open minded, I love everyone, and I wish nothing more than for our country to come together.”

The accusations come after the all-girls Academy of the Holy Cross in Kensington, Maryland, announced that in October it fired substitute teacher Gregory Conte because of his ties to white nationalist leader Richard Spencer. But while Conte admitted his links to Spencer and the broader white nationalist movement, Goldman says he abhors any such views. Goldman is an employee of a city agency, and, under the First Amendment, he enjoys broader rights in expressing himself on personal and political matters — even if those opinions are seen as offensive by some.

A spokeswoman for the charter school board confirmed that it is investigating the accusations, and Goldman says he was placed on administrative leave pending the conclusion of the investigation.
https://wamu.org/story/18/01/24/d-c-cha ... ght-links/


So just having some fun, suggested that Jack Murphy aka John Goldman should team up with Damore for a Losers Club. :P Surprisingly, he replied.


Jack Murphy.JPG

Murphy Govt.JPG





Government employees have "more" First Amendment rights? Because they're employed by the government? Never thought about it but seems crazy he can do alt-right hate under a fake name and not be punished. Wanted to wait to reply to him to see if anyone has any thought on this. Are there court cases about this to look at?
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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#10

Post by Tiredretiredlawyer » Fri Feb 16, 2018 6:36 pm

He is correct. The First Amendment prohibits the government from violating a citizen's First Amendment rights of free speech, etc. Google is a nongovernmental entity, thus, no "rights" of employees UNLESS the government has granted rights by statute (see Americans with Disabilities Act, Whistleblower statutes about government fraud, Equal Opportunity Employment Act, etc.) or there is a written contract or union agreement with the nongovernmental entity.

The next step is to determine whether his speech is protected by the First Amendment. That takes more recent research than I have done.


"The people must know before they can act, and there is no educator to compare with the press." - Ida B. Wells-Barnett, journalist, newspaper editor, suffragist, feminist and founder with others of NAACP.

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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#11

Post by bob » Fri Feb 16, 2018 6:38 pm

Orlylicious wrote:
Fri Feb 16, 2018 6:27 pm
Government employees have "more" First Amendment rights?
The very short answer is "sorta": whereas a private employer can fire you for saying something (provided it isn't a pretext for an unlawful firing), public employees in some situations cannot be fired merely for what they said.

This is a gross oversimplification, but many a public employee has sued over the right to say stupid things.


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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#12

Post by Tiredretiredlawyer » Wed Feb 21, 2018 10:38 am

Rick Wilson explains the First Amendment.
DWkaenpU8AUMThn.jpeg
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"The people must know before they can act, and there is no educator to compare with the press." - Ida B. Wells-Barnett, journalist, newspaper editor, suffragist, feminist and founder with others of NAACP.

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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#13

Post by Sterngard Friegen » Wed Feb 21, 2018 11:09 am

Thanks for the explanation Realist.



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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#14

Post by Mikedunford » Wed Feb 21, 2018 11:29 am

Sterngard Friegen wrote:
Wed Feb 21, 2018 11:09 am
Thanks for the explanation Realist.
:rotflmao: :rotflmao: :rotflmao:

Took me a second.


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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#15

Post by DejaMoo » Wed Feb 21, 2018 12:47 pm

Orlylicious wrote:
Fri Feb 16, 2018 6:27 pm
Government employees have "more" First Amendment rights? Because they're employed by the government? Never thought about it but seems crazy he can do alt-right hate under a fake name and not be punished. Wanted to wait to reply to him to see if anyone has any thought on this. Are there court cases about this to look at?
It's complicated. As a public employee, the government is your employer, as well as your government. That means it has to tread a bit more carefully when it comes to its employees exercising free speech, but that does not mean public employees have carte blanche to speak out on any topic without fear of repercussion from their employer. Indeed, a friend's husband found himself in similar hot water under broadly similar circumstances (writing stuff in his free time that other people objected to, for whatever reason). His employer chose to get rid of him, rather that defend him or impose lesser discipline. He's now completely unemployable in his profession. Every time a new employer extends an offer, someone gets wind of it and threatens to start another controversy if he's hired - at which point the offer is withdrawn.

OTOH, PZ Myers is a biologist employed by a public university who has been relentlessly hounded by his critics, who've never stopped trying to get him fired. Most of their ire is religious-based, some of it is anti-liberal, or anti-feminist (Myers is a staunch feminist). Yet his employer continues to protect him and his free speech rights.

Ken White of Popehat gives a pretty good overview of the public employee First Amendment issue in his cheat sheet here:
https://www.popehat.com/2017/01/25/quic ... employees/

Money quote:
The First Amendment still protects government employees in their capacity as citizens. The government-as-employer can fire you for speech that would be protected if you were a private citizen, but can't, for instance, jail you for it. In other words, you still enjoy full First Amendment protection from government-as-government consequences, just not from government-as-employer consequences.



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Re: James Damore vs. Google: Class Action Labor Lawsuit Superior Court CA, Santa Clara 18CV321529

#16

Post by Orlylicious » Wed Feb 21, 2018 11:23 pm

Thank you DejaMoo and everybody on the answers. He's still listed on the website http://www.dcpcsb.org/accreditation/dcpcsb-staff but seems the investigation is continuing. He's given them a lot of ammunition. Government or not, he seems way over the line for someone working in education.
‘Feminists need rape’: D.C. charter school manager in Manning photo admits to sexist, racist screeds
The man gained notoriety after appearing in a photo with Chelsea Manning, prominent far-right figures.
Casey Michel Jan 24, 2018, 12:56 pm

Earlier this week, after her appearance at the pro-Trump gala on Saturday stirred plenty of controversy, a photo emerged of Chelsea Manning participating in an “Escape the Room” in Washington with far-right conspiracy theorists Cassandra Fairbanks and Jack Posobiec. Originally unearthed by reporter Yashar Ali, the photo helped cast doubt on Manning’s claims that she had simply “crashed” the party in order to “gather intel.”
***
However, “Murphy” doesn’t appear to be his real name. In an interview with WAMU, “Murphy” admitted that he is, indeed, Goldman, adding that he “loves everyone.” As Goldman wrote on his “Jack Murphy” site, “Because various political advocates were upset that Chelsea Manning appeared with Trump supporters, they investigated and discovered my identity for the express purpose of a public shaming.” Goldman, who didn’t respond to ThinkProgress’s questions, also admitted that he worked for the District of Columbia Public Charter School Board (DCPCSB), which had placed him on “administrative leave pending an investigation.”

According to the DCPCSB website, Goldman currently works as a senior manager with the organization, and is “responsible for financial oversight of all the public charter schools in Washington, D.C.” Goldman’s LinkedIn profile says that he’s worked with the DCPCSB since September, while his website describes himself as a “charter school expert.” When contacted, DCPCSB issued a statement to ThinkProgress noting that they were “aware of the allegations made this evening against an employee of DCPCSB. We take these issues seriously and are investigating the matter.” DCPCSB would neither confirm nor deny that Goldman was the individual in question, but DCPCSB Spokesperson Tomeika Bowden told ThinkProgress that the employee’s “administrative leave started on Monday night. We actually started getting tweets and things on Monday night.”
***
However, a brief glance through his Twitter feed shows any number of slurs against women and undocumented immigrants alike. Not only did “Murphy” call Hillary Clinton a “bitch,” but has told others to “Go lick lesbo pussy in peace.” Another tweet from “Murphy” said that “Fat girls have ruined ‘curvy’ forever. Bitch, just say you’re fat. There are men who want (will stoop) to fuck you,” while another wondered when he could “get som[e] @RickRubin type pussy with this beard.” One Tweet from last year also read: “What have we learned lately? Illegals don’t rape kids: FALSE[.]”

The writings from Goldman on his “Jack Murphy” site were hardly any better. In one post, since deleted from his website, Goldman wrote that “Feminists need rape. … It is our duty as men to save feminists from themselves. Therefore, I am offering rape to feminists as an olive branch.” Another post, also deleted, claimed that “If you open her ass, you open her mind.” And one post on a Medium account affiliated with the “Jack Murphy” Twitter account also wondered if it’s “worth educating, protecting, and defending illegal immigrants if it means our daughters will be raped while they are at school?”
https://thinkprogress.org/john-goldman- ... f59e8db03/


Image

The accusations were first posted Monday night on Twitter by Lacy MacAuley, a self-described anarchist protester. She accused Goldman, who says he is Jewish, of writing what she termed “white supremacist” blog posts under the pseudonym Jack Murphy, and associating with alt-right leaders.

Goldman’s personal website describes him as a “proven charter school veteran and business leader,” and says that he has worked with charter schools for over a decade and before that worked in real estate. But MacAuley says local anarchist protesters were able to link Goldman to his pseudonym — and its associated blog and Twitter account — after seeing Goldman at an alt-right protest outside the White House last year. Goldman says he was merely there as an observer. He confirms that Jack Murphy is his pseudonym.

While he initially posted on his blog about personal matters, over the last year Goldman, writing as Murphy, started delving into political and social issues. In a posting from August 2017, Murphy opined on James Damore, a Google engineer who was fired after authoring a memo in which he argued men and women are genetically predisposed to have different skill sets:
Women and minorities believe they are powerless and oppressed unjustly. Their sole mission is to upend the existing power structures to become more powerful. This mission involves attacking every single element of current power. Science, reality, sexual relationships, family structures, intelligence, biology and a myriad of other things we can see with our own two eyes are now hate speech and must be obliterated.

The cult left must destroy masculinity to destroy the family to destroy the patriarchy and end male supremacy.
https://wamu.org/story/18/01/24/d-c-cha ... ght-links/

His full post about Damore is here: http://jackmurphylive.com/googlememo-is ... happening/



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