Much of the press and Internet chatter about the California Supreme Court’s decision Aug. 9 in Reid v. Google has centered on the age discrimination and evidentiary portions of the decision. That, and the involvement of a popular, otherwise-admired technology company, are maybe the sexiest parts of the story. But far more significant, to a far broader range of cases, is the court’s decision regarding appellate review of objections to evidence in summary judgment cases.
Few cases are substantively like Reid : employment cases involving age discrimination claims and an employer motion for summary judgment where the employee’s only evidence is comments made outside the “decisional process,” such as by employees who were not involved in the decision to terminate. Only those cases, and maybe some others involving circumstantial evidence, will be affected by Reid ‘s holding on the “stray remarks” doctrine.
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