In reading the original article, I think this quote is the opening:
> Because companies have a duty to comply with equal employment laws and an interest in promoting diversity, “employers must be permitted to ‘nip in the bud’ the kinds of employee conduct that could lead to a ‘hostile workplace,’ rather than waiting until an actionable hostile workplace has been created before taking action," Sophir wrote.
If that is the case, the employees who create and talk about these blacklists - which appear to be well-documented according to HR - may be creating an ongoing hostile work environment long before this memo existed, which demonstrates Damore's point.
> Because companies have a duty to comply with equal employment laws and an interest in promoting diversity, “employers must be permitted to ‘nip in the bud’ the kinds of employee conduct that could lead to a ‘hostile workplace,’ rather than waiting until an actionable hostile workplace has been created before taking action," Sophir wrote.
If that is the case, the employees who create and talk about these blacklists - which appear to be well-documented according to HR - may be creating an ongoing hostile work environment long before this memo existed, which demonstrates Damore's point.