The following excerpt is from Martinez v., 15-3159-cv(L), 15-3165-cv, 15-3166-cv, 15-3180-cv, 15-3183-cv, 15-3198-cv (2nd Cir. 2016):
Henry v. Wyeth Pharm., Inc., 616 F.3d 134, 149 (2d Cir. 2010) (suggesting that, when considering whether remarks are probative of discrimination, courts consider "(1) who made the remark (i.e., a decision-maker, a supervisor, or a low-level co-worker); (2) when the remark was made in relation to the employment decision at issue; (3) the content of the remark (i.e., whether a reasonable juror could view the remark as discriminatory); and (4) the context in which the remark was made (i.e., whether it was related to the decision-making process).") (citations omitted).
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