What is the test for discriminatory comments made by an employer to be discriminatory?
California, United States of America
The following excerpt is from Jackson v. Pac. Bell Tel. Co., C062831 (Cal. App. 2011):
his senior duties. An alleged discriminatory comment must be related to the employment decision at issue to establish a triable issue of fact as to an employer's intent. "Stray" remarks do not qualify. (Gibbs v. Consolidated Services (2003) 111 Cal.App.4th 794, 801.)
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