Reid v. Google, Inc., 155 Cal. App. 4th 1342 (2007)

Brian Reid, who was employed for fewer than two years as Google’s Director of Operations and its Director of Engineering, sued Google after his termination, alleging age and disability discrimination, intentional and negligent infliction of emotional distress and related claims. Reid was 54 years old at the time of his termination. Although the trial court granted Google’s motion for summary judgment, the Court of Appeal reversed. The Court considered the statistical evidence Reid submitted that showed a “statistically significant negative correlation between age and performance rating” and observed that Google had failed to offer conflicting expert testimony to dispute Reid’s expert’s statistical findings. Google’s counsel’s arguments about why the statistics were not sound were insufficient to overcome the evidence itself. Further, evidence of a “youthful atmosphere,” allegedly ageist comments, a demotion and “changed rationales” for Reid’s termination supported reversal of the summary judgment.