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Notes -
Washington Post v. Karen Attiah
An arbitrator has asked and answered:
Mrs. Attiah is the Washington Post writer who rather famously and falsely claimed that Charlie Kirk had said "Black women do not have the brain processing power to be taken seriously" in the immediate aftermath of Kirk's murder. I was going to say ex-, but that's not the case anymore. It's now established rule that the Washington Post can not fire someone merely for dancing publicly in the blood of a recently murdered man to disparage people on the basis of race and gender, and making false claims while doing so.
In this case, at least.
There's a legal formalist perspective where this is defensible. The Post may have included all of Attiah's post-shooting posts in the strict text of the termination letter, but they only quoted a couple posts, so maybe the arbitrator felt that the rest weren't sufficiently plead. Though she does spend enough time to repeat, without noting as false, the false attribution of the quote to a dead man. The Post did argue 'security concerns' at length, and the extent that rhymes with a heckler's veto isn't a great policy matter to rest on. The comparisons to Dave "Ratfucker" Weigel and a random contractor not covered by the stated policies might be pretty nakedly different conduct given context, but perhaps if you squint hard enough and there's no other comparisons, you get stuck with the bad approximations. Attiah isn't a government employee, but she is a union one, so as tempting as the obvious Damore comparisons get, they do have limits.
But it's still the floor, now.
As best I can tell from reading the decision the incorrect quote of Kirk didn't come up in the firing context at all. There were two posts cited to, allegedly because they disparaged white men on the basis of gender or race, but the arbitrator ruled that was not supportable by reference to the post themselves (Page 30, Section C The Record Does Not Establish That the Grievant Disparaged White Men). The posts themselves are:
As a white man myself, I don't feel disparaged by either post.
The only other basis given for the firing was the alleged security threat due to other people threatening Attiah for her posts on the topic. I generally think it would be a bad precedent to set that you can get fired because other people communicate threats against you. If people had sent threats to Google over Damore, would they have been more justified in firing him?
More generally, I think this illustrates the advantage of having a union! If there wasn't a CBA I'm skeptical Attiah would have won a more general employment discrimination lawsuit from this set of facts.
Do you think this is a just outcome for this incident?
If you think this is a just outcome, are you comfortable with people generalizing the logic behind this outcome into a set of rules you will then accept living under?
If this is an example of what Unions can achieve, I am even less interested in allowing unions to continue existing than I was previously.
My predictions were logged long ago that I think violence is going to increase. When it does, I intend to quote this post and the context it references back to you, to the letter.
The general logic that contractually agreed upon terms should be followed by employers is very comfortable to me personally.
Do you think that's the correct level of generalization here?
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