California Supreme Court Significantly Limits Use of “Stray Remarks” Rule in Summary Judgment Motions


On August 5, 2010 the California Supreme Court issued its unanimous opinion in Reid v. Google, Inc.1 The Court’s ruling placed limits on the use of the “stray remarks” doctrine—a rule recognized by many federal courts that allows trial courts considering summary judgment motions to deem certain remarks allegedly reflecting bias as insufficient to create a triable issue of fact. The opinion significantly undermines what has been a potent weapon used by defense counsel in employment discrimination cases. The ruling also suggests that employers should train their employees and managers to avoid any remarks suggestive of age bias—as well as other forms of bias—in today’s multi-generational workforce.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:


Morrison & Foerster LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.