If you reread my comment, I spend a couple paragraphs explaining the procedural background to this. If the NLRB had found Damore's complaint valid, they would have intervened on his behalf. They did not, so they will not.
Apparently, there's no private right to action under the NLRA. Enforcement is public, and goes through the NLRB. If the NLRB decides against pursuing a case, that's probably the end for you (maybe short of suing the NLRB itself).
1. You believe that Damore's lawyers withdrew the claim because the NLRB said they wouldn't pursue it. Is that a correct assessment? That's the timeline AFAICT anyway. Does that make the memo a public statement of what they informed Damore of? Is that common, for the NLRB - or similar institutions - to release a memo about a withdrawn action? I'm not American so this all seems very odd to me. I just can't imagine a government body commenting on a withdrawn complaint here.
2. You have not read the memo itself. Is that true? Do you know where it is or where I can read it? How would I even start?
I'm not being critical, I just have no idea how the US's state and federal laws combine, and it all seems very complicated, procedurally odd and very overlapp-y.
Apparently, there's no private right to action under the NLRA. Enforcement is public, and goes through the NLRB. If the NLRB decides against pursuing a case, that's probably the end for you (maybe short of suing the NLRB itself).