California, United States of America
The following excerpt is from Ader v. Garfield Beach CVS, LLC, G049897 (Cal. App. 2014):
Discriminatory remarks that are not part of the employment decision at issue have little probative value, especially without evidence showing the context in which the remarks were made. Nonetheless, the remarks may be considered if they "corroborate direct evidence of discrimination or gain significance in conjunction with other circumstantial evidence. . . . Thus, a trial court must review and base its summary judgment determination on the totality of evidence in the record, including any relevant discriminatory remarks." (Reid v. Google, Inc. (2010) 50 Cal.4th 512, 541.)
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