It's a different set of claims but they have (in regards to the specifics of Damore’s claims; it's a class action charging a broader pattern, though) substantial overlap despite the differing legal basis. Particularly, if, as NLRB found, Damore was fired solely for statements violating a legitimate anti-harassment policy, this would be quite problematic for the claims in his lawsuit. Of course, the court in that case is not bound by the NLRBs fact findings.

I assume so. I read the civil complaint (I actually know his lawyer pretty well) but 1.) I'm not a lawyer myself and 2.) I haven't really studied the legal case in any depth.

One does wonder how much damage this memo does to that case. It will be interesting to see.