Google discrimination lawsuit originally filed by James Damore will continue to discovery

James Damore was fired by Google back in August 2017, after writing a note suggesting the head of male engineers at the company, in part, was the result of innate differences between men and women rather than discrimination. In January 2018, Damore filed a lawsuit claiming that the company discriminated against whites, males, and conservatives. Today, a judge denied Google's third attempt to have the lawsuit dismissed. From San Jose Mercury News:

The height of the Santa Clara County Superior Court judge Brian Walsh means the case, which Damore concluded late last year in favor of arbitration, can move forward to the discovery phase …

The court denied three different Google proposal to reject the case. Now, plaintiffs can request access to internal Google documents to try to support their claims, which also include "denying work because of their actual and perceived conservative political activities and affiliations, and their actual or perceived Asian or Caucasian male job applicants, "according to the lawsuit.

As mentioned above, Damore terminated the lawsuit, but two other men still pursue it with the same lawyers. Hollywood Reporter describes the feedback on today's case:

In January 201[ads1]8, Damore, along with ex-Google David Gudeman, sent a complaint against tech giant. They claim that the company is an ideological echo chamber, and it "designated, mistreated and systematically punished and ended" co-workers who disagreed with the majority of "diversity," "bias sensitivity," and "social justice."

They later changed their complaint to add as suing two men who were rejected for jobs at Google, Stephen McPherson and Michael Burns, and another employee who eventually voluntarily rejected his claim …

Damore and Gudeman November agreed to separate their claims against Google, which left open court only claims from McPherson and Burns that they were transferred to jobs because Google illegally prioritizes hiring women and certain minorities to the detriment of male, white and Asian applicants and discriminates politically Conservative applicants.

In his judgment today Judge Walsh suggested that he "doubt the viability of the supposed political subclass". But, he is willing to let the plaintiffs at least do the thing for it after they have had a chance to discover. Harmeet Dhillon, the lawyer representing McPherson and Burns, issued a statement:

At the hearing, the court denied Google's motion for a decision on the prosecution, strike, and its decline. Now the case goes into the discovery phase, so the plaintiff's lawyers seek access to Google's internal documents, as well as other possible evidence to support their claims, pending a proposal for class certification.

Will it actually be documents to support discriminatory hiring decisions? To be clear, I have little doubt that the company's culture actively discourages conservative men, but the nature of any culture is that the rules (usually) are not written down for outsiders to investigate. Instead, they are absorbed from social characters and through private conversations. I suspect that's how things work on Google, but who knows that. Perhaps the progressive monoculture is so arrogant that people have actually written notes that express their disturbances. It will certainly be interesting to see what the discovery process is coming up.

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