Legal Definitions - stray remarks

In employment law, stray remarks refer to isolated, often inappropriate or offensive comments made by a coworker or supervisor about an employee's protected characteristics, such as their race, gender, age, national origin, religion, or disability. While these remarks might be hurtful or unprofessional, they are generally not considered sufficient evidence of unlawful employment discrimination or harassment if they are:

• Infrequent, sporadic, and not part of a systematic pattern of behavior.
• Made in circumstances that suggest they are not reflective of the employer's official policy or intent.
• Not directly linked to an adverse employment decision (like hiring, firing, promotion, or demotion).
• Do not demonstrate a clear intention to negatively impact the employee's continued employment or career.

Essentially, stray remarks are comments that, despite their offensive nature, are too isolated or disconnected from actual employment decisions to prove that an employer engaged in illegal discrimination.

Here are some examples to illustrate this concept:

• Example 1: Casual Comment from a Supervisor

  During an informal office happy hour, a supervisor jokingly says to a new, younger employee, "It's great to have some fresh faces around; you young folks always bring so much energy!" While this comment could be perceived as age-related and potentially stereotypical, it was a single, offhand remark made in a social setting. There was no evidence that this comment influenced any of the employee's work assignments, performance reviews, or opportunities for advancement.

  How it illustrates "stray remarks": This is considered a stray remark because it was an isolated, informal comment not tied to any employment decision. Despite its potentially ageist undertone, it doesn't demonstrate a systematic intent to discriminate or negatively impact the employee's job.

• Example 2: Isolated Remark from a Coworker

  A team member, frustrated during a difficult project, mutters under their breath, "This is taking forever; women always overthink things." A female colleague overhears this. While clearly a sexist and inappropriate comment, it was a singular, spontaneous outburst from a peer, not a supervisor, and was not directed at the female colleague personally. There was no subsequent evidence that this remark led to any negative employment actions against the female employee, such as being excluded from meetings or denied project opportunities.

  How it illustrates "stray remarks": This fits the definition because it's an isolated, offensive comment from a coworker that, while unprofessional, is not part of a pattern of harassment and does not directly impact the employee's terms or conditions of employment.

• Example 3: Comment Not Linked to an Adverse Action

  During a company picnic, a manager makes a single, insensitive joke about an employee's national origin to a group of colleagues. The employee later learns about the joke and is offended. However, the manager had previously given the employee a positive performance review and a promotion, and there were no subsequent actions or decisions that negatively affected the employee's career or standing within the company.

  How it illustrates "stray remarks": This demonstrates "stray remarks" because, despite being offensive and related to a protected characteristic, it was an isolated incident not connected to any adverse employment decision. The manager's prior and subsequent actions did not indicate an intent to hamper the employee's continued employment or discriminate against them.