Beware of what you say

California Supreme Court Holds That Stray Remarks Made by Non-Decision Makers Can Be Considered in Age Bias Case 08/06/2010

On August 5, the California Supreme Court handed down its decision in Reid v. Google, Inc., an age discrimination case that was dismissed at the trial court level on summary judgment. The trial judge dismissed the case after finding that “stray remarks” by individuals who had no involvement with the decision to terminate the plaintiff’s employment were insufficient evidence of discrimination to send the case to trial. The Court of Appeal reversed the trial judge’s order granting the employer summary judgment and held that the stray remarks by the non-decision makers was admissible to prove his claim of discrimination. The California Supreme Court agreed and rejected the strict application of the “stray remarks doctrine” in California discrimination cases. Reid v. Google, Inc., No. S158965, California Supreme Court (August 5, 2010).  Taken from an alert from Ogletree and Deakins Attorneys

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