Eric Steinert Published in The Recorder
"So Long, Stray Remarks Doctrine"

Eric Steinert's article, "So Long, Stray Remarks Doctrine," was published in the August 13, 2010 issue of The Recorder. In his article, Eric discusses the California Supreme Court's decision in Reid v. Google and its impact on employers. He reports that Brian Reid, a 52-year-old former manager at Google Inc., sued the company for age discrimination under the California Fair Employment and Housing Act, claiming he was let go because of his age. Eric notes that the trial court granted Google's motion for summary judgment on Reid's discrimination claim, in part because Reid's evidence in opposition to summary judgment consisted primarily of stray remarks. He further noted that the court of appeal reversed, finding that Reid raised a triable issue of fact as to whether his termination was pretextual.

According to Eric, "The Reid decision may mark the death of the federal stray remarks doctrine in California employment law. In the long run, however, weak employment discrimination claims will remain vulnerable to summary judgment even considering attenuated workplace remarks."