Yes: the claims James Damore makes are cold, hard facts based on the many, many studies and statistics available on, for example, women's assertiveness (which is genetically and biologically quantifiable), that he carefully reviewed and contrasted in order to form an opinion. As such, they are facts, which do not fit the definition of discriminatory.
In order to be discriminatory, they would have to be broad, ignorant statements based on personal anecdote and prejudice that he pulled out of his ass right before adding 'on average' at the end of the phrase; since they are not that in any way, but carefully researched, unbiased observations, they do not fit the definition of discriminatory.
Now that you've explained to me what facts are, I finally understand James' logic, so please consider this argument won.
What happened to James, who simply circulated a fact-based memo telling half of his coworkers that they need special rules to make things fair since they're at least partly genetically inferior when it comes to the job, was yet another gratuitous act of SJW, PC, fact-censoring repression against one of society's most silenced and powerless collectives: top-salaried, Ivy League educated young white males working at the top companies of male-dominated high growth industries in the largest economy on the planet, like so many others we sadly see so often here on HN.
It's time we finally took a stand on these issues.