When a decision-maker hears of a co-worker’s remark about another employee’s protected class status, does it merely “go in one ear and out the other” with no effect on the decision-maker’s ability to make neutral employment decisions regarding the affected employee? What if the decision-maker himself makes a remark related to the affected employee’s protected status? Do such remarks constitute evidence of the employer’s discriminatory motivation?

To establish a disparate treatment claim, a plaintiff must show that a discriminatory animus motivated the employer to make the adverse employment decision. Hazen Paper Co. v. Briggs, 507 U.S. 604, 610 (1993). As evidence of discrimination, plaintiffs often offer verbal remarks made by superiors that relate to their protected status.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]