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The Courts Google Republicans Politics

Google Must Face Lawsuit Alleging Hiring Bias Against Conservatives, Judge Rules (theverge.com) 258

Google will have to face a California lawsuit accusing the company of bias against conservative job candidates as part of a legal challenge first brought against the company by James Damore, author of the infamous 2017 "Google memo." The Verge reports: Damore exited the lawsuit last year and entered arbitration with the company. But the suit, which argues Google's hiring practices are biased against white and Asian people, conservatives, and men, will move ahead after surviving a dismissal motion from the company. In a statement, the law firm representing the plaintiffs said the suit will now move into the discovery phase. The plaintiffs in the case are seeking class certification to represent others they believe have been discriminated against, a decision the court will make at a later date. In legal filings, Google has disputed that conservatives are an identifiable class under the law. In a decision, the judge on the case said the court "indeed has doubts" about the viability of the idea, but it is, for the time being, letting the case move ahead. The company did not immediately respond to a request for comment on the ruling.
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Google Must Face Lawsuit Alleging Hiring Bias Against Conservatives, Judge Rules

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  • Discovery (Score:4, Informative)

    by Citizen of Earth ( 569446 ) on Friday June 07, 2019 @06:58PM (#58727888)
    Discovery against this abusive monopoly should be fun and will feed into the DOJ probe.
    • by Anonymous Coward

      What is even more hilarious is watching 'conservatives' (yeah....no) argue that a company should be regulated to let them work there...

      What next, affirmative action for conservatives. Or for that matter: white men.

      • by Cederic ( 9623 )

        What next, affirmative action for conservatives. Or for that matter: white men.

        Affirmative action is discrimination. I don't think Damore or the other people behind the suit are in favour of discrimination, and indeed are seeking protection from it.

        That'd be the difference you're failing to understand.

    • by Tablizer ( 95088 )

      I doubt the lawsuit will change anything in a material way (minor penalty fee at best), but this will probably be great court-room drama.

  • Depends (Score:1, Insightful)

    by Anonymous Coward

    Are they conflating 'conservative' with 'racist asshole'? Because that's usually the case in the US these days.

    • Comment removed (Score:5, Insightful)

      by account_deleted ( 4530225 ) on Friday June 07, 2019 @07:01PM (#58727906)
      Comment removed based on user account deletion
      • by Anonymous Coward

        Yes that must be it, because it couldn't possibly be the obvious fucking racism of the US Republicans. Nope, couldn't be that.

  • Love the hypocrisy (Score:5, Insightful)

    by quonset ( 4839537 ) on Friday June 07, 2019 @07:13PM (#58727968)

    Conservatives: Discrimination? What's that? Get a better education or be better at interviewing. Stop whining about discrimination when none exists.

    Also conservatives: We're being discriminated against! We need to sue!

    • by mopower70 ( 250015 ) on Friday June 07, 2019 @07:23PM (#58728006) Homepage
      It's almost as if not everyone who shares some ideologies shares ALL ideologies. Weird.
      • by 93 Escort Wagon ( 326346 ) on Friday June 07, 2019 @09:13PM (#58728476)

        It's almost as if not everyone who shares some ideologies shares ALL ideologies. Weird.

        Oh come on. Next thing you'll be claiming is there's some sort of a political spectrum, and various people's beliefs and philosophies fall are scattered all along that spectrum from the far left to the far right and points in between.

        That's just crazy talk.

        • by dryeo ( 100693 )

          it is due to there being other spectrum's such as authoritarianism.

          • by BlueStrat ( 756137 ) on Saturday June 08, 2019 @07:24AM (#58729946)

            it is due to there being other spectrum's such as authoritarianism.

            "It's not authoritarianism or tyranny if you're convinced you're right! We just have to shut *those* people up, and then dissent & inconvenient facts will go away!" said every tyrant and authoritarian regime ever throughout history.

            Remaining seemingly incapable of learning from history despite all the horrendous consequences that we've endured over and over through the centuries as a result is one of the biggest reasons we can't have nice things.

            If you allow any government sufficient power to enslave you, a slave collar is in your future.

            Strat

            • by dryeo ( 100693 )

              Authoritarianism comes in many forms, of which government can be one. Lots of petty tyrants in business and it seems any social group.

              • by BlueStrat ( 756137 ) on Saturday June 08, 2019 @04:40PM (#58732070)

                Authoritarianism comes in many forms, of which government can be one. Lots of petty tyrants in business and it seems any social group.

                Any time that too much power is concentrated in too few hands, tyranny becomes inevitable. The form of the government and all the best intentions of those who helped expand it's powers makes no difference in the eventual outcome. In the US we have corporate power in collusion with certain political and ideological groups both within and outside government attempting to control the population through a myriad of methods from controlling the public narrative and what voices can be widely heard to outright de-personing people from the ability to even have a personal banking account.

                Witness the MSM currently attempting to damage their competition and control the narrative through attacks on small creators on Youtube when one of the loudest recent MSM attackers (the VOX guy) has made Twitter posts telling his readers to commit *criminal battery* against those on the Right. But I guess because "rules for thee but not for me", breaking the law and committing violent crimes is OK as long as you shout "NAZI REEE!!!" first regardless of whether or not the victim is actually a Nazi.

                If there were half as many actual Nazis and Nazi sympathizers as the Left claims, we'd nearly all of us already be smoke from an oven. I wish people would stop calling anyone they disagree with a Nazi unless you're trying to normalize being a Nazi and create more. I sometimes feel like I'm having to explain this to kindergartners.

                Strat

      • by AmiMoJo ( 196126 )

        It's just the latest victim narrative that all ideologies are prone to.

        "Group X is attacking you, vote for me and I'll protect you" has always been a populist trope. Sometimes group X is the Jews, sometimes the Chinese, sometimes liberals, sometimes homosexuals... Practically every identifiable group has been used at some point.

  • Go woke go broke.

    /popcorn
  • On what basis? (Score:4, Interesting)

    by BitterOak ( 537666 ) on Friday June 07, 2019 @07:23PM (#58728004)
    I hate Google's hiring practices as much as anyone, and I think what happened to James Damore was outrageous, but whatever happened to the concept of at-will employment? Shouldn't companies be allowed to hire whomever they wish (as long as they don't violate anti-discrimination statutes)? Since when was political ideology a protected class? Should churches be required to hire atheist ministers? Should abortion clinics be required to hire anti-abortion activists? Should a synagogue be required to hire neo-nazis? It would be nice if a large tech company would be more neutral in their hiring, but should that be a legal requirement? Where do we draw the line?
    • Re:On what basis? (Score:5, Informative)

      by Anonymous Coward on Friday June 07, 2019 @07:27PM (#58728038)

      There are only three jurisdictions in the United States that explicitly bans political affiliation and activity discrimination, California, D.C., and New York.

    • Re:On what basis? (Score:5, Interesting)

      by Dread Cthulhu ( 5435800 ) on Friday June 07, 2019 @07:57PM (#58728202)
      He could make a case that being biased against conservatives is by proxy discrimination against white males, since that group is much more likely to have conservative views. There have been successful lawsuits along these lines; for example the state of Alabama used to have rules imposing minimum height & weight requirements for prison guards; the courts struck them down for being discriminatory against women.
    • Re:On what basis? (Score:5, Interesting)

      by alvinrod ( 889928 ) on Friday June 07, 2019 @08:23PM (#58728304)

      Since when was political ideology a protected class?

      I agree that it's silly, but in California political affiliations or activities are a legally protected class. From what I can find, this was put into law as part of a larger list of protected classes sometime in or about 1991. Here's the particular part of the California legal code [ca.gov] related to this.

      In my opinion no one should be forced to associated with anyone else for any reason as long as they're a private citizen or business and aren't being subsidized by the government. My view is that companies which refuse to do business with otherwise willing customers for stupid reasons will eventually be put out of business by companies that don't discriminate.

      I guess that if Google really doesn't like the law, they could always move to other states that don't have such laws on the books. I suppose they could also take it through appeals court to try to have the law struck down as unconstitutional, but that's a long and expensive process itself.

      • So much for Silicon Valley. Time for the tech industry to move to Oregon. Partisanship is basically the only legal, legit discrimination here.

      • by dryeo ( 100693 )

        My view is that companies which refuse to do business with otherwise willing customers for stupid reasons will eventually be put out of business by companies that don't discriminate.

        Yet history shows that that doesn't happen, at least as long as the discriminated are a small percentage of the population.

      • Besides all the government contracts, corporations /are/ government subsidies.

        Partnerships are the non-subsidized form.

        The unfortunate flip side of that is that the courts are so out of control that corporations are almost required for business people who don't want to do time for doing nothing wrong in the eyes of any reasonable people.

  • by Krishnoid ( 984597 ) on Friday June 07, 2019 @07:24PM (#58728014) Journal

    So they're trying to rebalance the distribution [diversity.google]? If it is biased against those groups, the bias doesn't seem to be operating very well.

  • So, like FoxNews (Score:2, Interesting)

    by nospam007 ( 722110 ) *

    But the other way 'round.

  • Last time I checked, political beliefs are NOT considered a "legally protected class" in the U.S. Since they're not, Google is free to base hiring/employment decisions on an employee's Left/Right, Liberal/Conservative leanings. Not saying that's a good idea, but it's not illegal.

    • by Anonymous Coward on Friday June 07, 2019 @07:43PM (#58728124)

      They are in fact a protected class in California, where this lawsuit is taking place.

      • by AmiMoJo ( 196126 ) on Saturday June 08, 2019 @05:33AM (#58729682) Homepage Journal

        How does that work? There are some pretty extreme political ideologies out there which would create a hostile working environment. What exactly does the law say?

        Many years ago I had to fire a guy who wouldn't work with women. His religion wouldn't allow it. Would that be protected in California?

        • by Cederic ( 9623 )

          Step 1 - mandate that political discourse is not appropriate within the office
          Step 2 - discipline people that breach this policy for failing to comply with corporate policies and/or creating a hostile workplace
          Step 3 - if they continue to be cunts, sack them

          At no point has anybody been prevented from holding a political view, running for office, espousing their views outside the corporate environment or being a cunt in their private life. No law broken, other employees protected, job done.

    • Well, in the past various lawsuits have found that an organization's employment practices can be considered discriminatory against protected classes, even if those protected classes are never specifically mentioned. For example, prisons have been successfully sued over their height & weight requirements for prison guards, for being discriminatory against women. One could easily argue that rules against hiring politically conservative end up being discriminatory against white men (or men of any race real
    • by The Cynical Critic ( 1294574 ) on Friday June 07, 2019 @07:58PM (#58728208)
      You'd be right if this was a federal matter under federal law, but we're talking about a state court under state law and California has extended protected classes under state law to include political affiliation. This was probably originally meant to protect left leaning workers from right leaning employers, but the law is obviously universal.

      Considering the craziness that we've seen in the internal communications Damore brought up in his lawsuits that included things like managers expressly stating that they will not work with, hire or promote people with political leanings they deemed distasteful this probably isn't going to be that far from a slam-dunk case. I wouldn't be surprised if they try to settle it out of court like they're doing with Damore at the moment simply to avoid the embarrassment from when they get to do discovery and then present their findings in court.
      • > originally meant to protect left leaning workers from right leaning employers

        Almost certainly we did that to do just that, but it's sad it's now being used against us.

    • Comment removed based on user account deletion
  • Right now, political affiliation or party status, is not considered a "protected class" under the law. So if there was a SNS platform that wanted to basically moderate or filter out content that falls along political spectrum lines, they could without much in the way of legal kick back (internet outrage over censorship, being a different thing entirely).

    If the court or the laws change to include political status as a protected class though, its going to be super interesting to see how that is handled when a

    • Comment removed based on user account deletion
      • by vix86 ( 592763 )

        I figured that out after I read the other comments. This case is going to be interesting. I'm kind of curious why all the conservatives that have been booted from Twitter and the like, haven't tried to sue Twitter or the like in California on some grounds of discrimination then.

  • by slashmydots ( 2189826 ) on Saturday June 08, 2019 @02:54PM (#58731556)
    It's public knowledge that they do this. SJW types get into HR somehow with their useless, unrelated degrees and then hire their own kind because they're obsessed with trying to change society and hate on certain groups and demonize them. Management approves it because they want their company to look diverse and woke. Well SURPRISE, get woke go broke.
    • by Anonymous Coward

      I've experience HR in many places. None were SJW types. All were various amounts of useless and/or arsehat, but not SJW.

      I think you are imagining things. I have found that conservatives project their desires as fears: "Those lefties want to round us all up and exterminate us!" means "I as a conservative want some way to get rid of lefties (up to and including extermination) and assume that lefties spend all day trying to get rid of us because that's what I spend all day doing".

      Conservatives and progressi

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