Jim Edwards, writing at Business Insider:

Google may have difficulty establishing that he broke the company’s code of conduct because he used message boards the company provided to allow employees to discuss these issues, and because his manifesto repeatedly states he favors diversity and intended to “increase women’s representation in tech.”


“Damore’s possible claims really have nothing to do with whether white males are discriminated against in wages and promotion,” Sharpe said. “It is about whether he was fired because he complained that Google’s diversity efforts were unfair to men. He doesn’t have to prove the allegation, just that he made the claim for the purpose of advancing working conditions of himself and others.”

So James won’t have to prove that his allegations were correct to win his case.