When considering "stray comments," courts may consider who made the remark, when the remark was made, the content of the remark and the context in which the remark was made, pursuant to Henry v. Wyeth Pharm. Inc., a 2010 decision of the 2nd Circuit.
Obinabo v. Radioshack Corp.
U.S. Court of Appeals for the 2nd Circuit
July 1, 2013