Is The Stray Remarks Doctrine Now 'Too Old To Matter?'

Law360, New York (October 4, 2010, 12:59 PM EDT) -- The California Supreme Court now has issued its much-anticipated ruling in Reid v. Google Inc., an employment discrimination case in which the outcome centered on the applicability of the “stray remarks" doctrine.

In Reid, the Supreme Court broke from the pack, rejecting the stray remarks doctrine and, instead, considering the “totality of the circumstances” (including remarks that otherwise would have been found “stray”) in agreeing that Brian Reid had introduced enough evidence to survive summary judgment on his age discrimination claim.

According to the court, what...
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