The employers are not supposed to discriminate based on gender, race, religion, sexual orientation.
An externally enforced gender diversity is discrimination.
If a company has 100 programming jobs, decides to keep 50 for one specific gender, the company has created discriminatory hiring practice. It has discriminated based on gender.
Damore challenged this discrimination and got sacked. I think he can easily make a legal case for discrimination. If Google had said that they wanted 50/50 gender based representation at the level above Damore's title, then he clearly has a standing. Any male who was denied employment at Google has a standing to know if he was denied because of gender quotas.
Damore's argument is to not take gender into account in hiring practices at all. "Diversity" policies are, at the base of their argument, asking for discriminatory hiring practices.
There is no "diversity" law or mandate. If Google can define a diversity goal for some chosen slicing of the population into groups, may be based on race, may be based on gender, may be based on sexual orientation, may be based on height, and then goes on to seek equality of representation between those groups, then would it OK if some other company define equality based on if you are right handed or left handed? What if someone claims that all major religions should be equally represented in the workforce?
Is the 50/50 split based on gender mean that the company is done with being "diverse"? Which new grouping would then stake claim at equality?
Does Google believe in gender fluidity or do they believe in being cis-gendered? What if male engineers claim to be a female at the time of hiring, claiming gender fluidity, is Google going to get into business of keeping someone honest about what their gender is?
Treat everyone as individual, based on the individuals abilities and choices. Assuming "diversity" goals to ensure equality of outcome by some arbitrary definition of a "group" is by definition discrimination. Individuals, not "group" based on race, religion or gender.
Should Disney be forced to make movies with equal prince and princess lead roles? How about equal number of movies across all religions? Equal number of movies across all races?
Please show me where I am wrong on this. I would like to have correct view on this issue.