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You do not have a constitutional right to be extremely sexist at work

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A male software engineer at Google, James Damore, wrote a 10-page memo in opposition to hiring practices that consider racial and gender diversity in tech, arguing that women were unable to do the same kind of work as their male peers. Days after it was circulated throughout the company and leaked to the press, he was fired.

Now many journalists, activists, and even politicians are arguing that he was unfairly punished for expressing his ideas, with some going so far as to say the employee was banished for “thought crimes.”

In this case, Damore’s thoughts were that women were biologically unsuited for advancement in tech in a number of ways and that women deserved their current status. In his anti-diversity screed, the software engineer decided to list personality traits that he says women have more of. Here is one:

Neuroticism (higher anxiety, lower stress tolerance).This may contribute to the higher levels of anxiety women report on Googlegeist and to the lower number of women in high stress jobs.

He also wrote that women have “higher agreeableness” and “extraversion expressed as gregariousness rather than assertiveness,” and that this is why women tend to have a harder time negotiating salary. He does not acknowledge that research shows again and again there is a social cost for women who negotiate for higher salaries.

In addition to saying that women will always have these specific qualities that prevent them from advancing in their careers, he flat out writes, “We need to stop assuming that gender gaps imply sexism.”

He also wrote, “However, to achieve a more equal gender and race representation, Google has created several discriminatory practices.” He listed mentoring, programs, and classes “only for people with a certain gender or race.”

Men from all sides of the political spectrum weighed in to argue that he should not have been fired.

U.S. Senator John Cornyn (R-TX) tweeted out a National Review article with the headline, “Google Fires Employee Who Dared Challenge its Ideological Echo Chamber.” Julian Assange condemned the decision as “censorship.” Tim Miller, co-founder of the America Rising PAC, said Damore is being banished for “thought crimes.” Jeet Heer, senior editor at The New Republic, said the engineer should not have been fired for his ideas.

The engineer’s decision to write a 10-page memo, which he clearly spent a good deal of time writing, and then share that memo, is an action, however, not merely a thought.

In a Medium post, Yonatan Zunger, a former Google employee, explained why the memo was enough to create a hostile workplace environment and thus warranted termination.

Do you understand that at this point, I could not in good conscience assign anyone to work with you? I certainly couldn’t assign any women to deal with this, a good number of the people you might have to work with may simply punch you in the face, and even if there were a group of like-minded individuals I could put you with, nobody would be able to collaborate with them. You have just created a textbook hostile workplace environment.

Research shows that frequent and less intense but unchallenged sexist discrimination and organizational climates were similarly harmful to women’s well-being as more overt but less frequent acts of sexism, like sexual coercion. Heer suggested demotion as an alternative to firing but no matter his position, Damore would have some power over his co-workers since Google’s performance review process allows peer reviewers to give feedback on job performance. This includes employees who are junior to them.

Viewed this way, the decision to fire Damore was not censorship. It was a decision to protect women from a hostile workplace environment. Google prioritized the well-being of its workers and the company’s overall success over one man’s career.

Like most of the tech industry, Google employees are predominantly white men. In April, the Department of Labor accused the organization of “extreme” gender pay discrimination and pointed to evidence of “systemic compensation disparities.” Diversity statistics the company released last month revealed that 69 percent of its employees are male and 31 percent are female, but when it comes to technical roles, only 19 percent of the positions are held by women.

This blog was originally published at ThinkProgress.org on August 8, 2017. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress. She covers economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.


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