In a Blow to Employers, the California Supreme Court Refuses to Apply the “Stray Remarks Doctrine” in Discrimination Cases


On August 5, 2010, the California Supreme Court issued the much-awaited opinion in Reid v. Google, Inc. (No. S158965, 8/5/10), addressing, among other issues, whether the “stray remarks doctrine” can be used by employers to categorically exclude statements offered by employees to support claims of employment discrimination that are made by non-decision makers, or by decision makers outside the decisional process of the challenged employment practice.

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