Remarks, especially from managers, can sometimes provide evidence of discrimination. Generally, however, courts require they meet certain standards.
Earlier this year in a case dealing with allegations of race bias, the 5th Ciruit ruled that “stray remarks” made to an African-American worker were “offensive” but did not show that she was fired based on her race. The employer prevailed because it was able to show that she was fired because of time-clock fraud. In another instance, the 2nd Circuit concluded that despite age-related “stray remarks” from executives, two former employees of Adloox, Inc., were fired for poor job performance, not age discrimination.
