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Stray Remarks Can Be Used As Evidence Of Bias Under The Age Discrimination In Employment Act (ADEA)

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in Human Resources

The last thing you want is for a manager to make offensive comments about an employee's age (or other protected characteristic). This is the type of "smoking gun" evidence that leads employers to settle claims rather than face a jury trial. Fortunately, most managers have enough sense to refrain from making such comments. If you're lucky, any misguided statements by managers will be considered so-called "stray remarks" that are not sufficient to support a discrimination claim. However, remarks don't always fall neatly into either the stray or not-stray category. Comments that may seem like stray remarks to a manager may be seen as evidence of bias in court. A recent age discrimination claim was sent to trial after an appeals court knocked down the employer's "stray remark" argument.


An employee claimed that her supervisor made references to her age at least once a month or once e...(register to read more)

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