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Is California Google case one of employment discrimination?

Recently, tech giant Google released an employee who wrote a memo about gender differences as a way to describe the gap in representation in technology jobs. The memo sought to demonstrate biological differences between men and women and was written from a conservative perspective. Upon its release, the California company fired the employee, citing that the man was perpetuating harmful stereotypes in the workplace. The man is considering his legal options as he believes his firing was a result of employment discrimination. 

The man could choose to make his legal claim in one of three main ways. He could claim that his employer violated national labor laws that protect his right to certain activities. The National Labor Relations Act, in Section 7, protects activities aimed at improving the conditions in a workplace. Another option for a potential lawsuit is to claim that his employer violated Title VII of the Civil Rights Act of 1964, although he would have to prove that he was released from his position due to his race or gender. 

The fired employee could also pursue a lawsuit based on an interpretation of a state law against restricting political activity. Legal scholars seem to agree that this may be the best route for the man to win his case. Some legal observers also feel that Google is likely to settle the case out of court in order to avoid any additional bad press. 

The California state law is not the only state law that protects political actions of employees, but it has been said that it is one of the strongest. If the man can prove that he has been the victim of employment discrimination, he will likely be awarded with a hefty payout. Other California employees who feel that they have been unfairly fired from their jobs have the right to seek an attorney for guidance on the law. 

Source: Fortune, "Fired Google Employee Wants to Sue - and He May Have a Case", Jeff John Roberts, Aug. 8, 2017

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