Warning to California Employers

Posted By

Laurie Murphy

The federal courts have long held that "stray remarks which are defined as isolated discriminatory comments unrelated to the decision-making process were not admissible to prove employment discrimination. The California Supreme Court recently (in ruling against Google in an age discrimination case) held that stray remarks can be considered in the totality of the circumstances of the case. Bottom line, this will make it even harder for employers to defend employment discrimination cases prior to trial.