Companies should have the freedom to stop the "kinds of employee conduct that could lead to a 'hostile workplace,'" Sophir said. The lawyer also rejected Damore's attempts to mask his views with pseudo-scientific claims and "not all women" disclaimers, arguing that they still represented discrimination.

Damore filed the complaint in January in a belief that Google had not only fired him for criticism, but was allegedly discriminating against conservative white men through a left-leaning "monoculture." He dropped the NLRB complaint shortly after filing it to focus his attention on a class action lawsuit over the issue. The memo doesn't bode well for his chances, however. While it's not legally binding (it would have only held weight if Damore kept his NLRB complaint), it shows a court might rule against him.

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