Brian S. Kaplan and Elisheva M. Hirshman of Kasowitz Benson Torres & Friedman write: Although the court dismissed the racial discrimination claims against Paula Deen on standing grounds, and the matter subsequently settled privately, this highly publicized controversy highlights the impact workplace comments can have in fueling allegations of employment discrimination. Had the lawsuit continued, Deen's comments likely would have been analyzed by the court under what has come to be known as the "stray remarks" doctrine.
Food for Thought: The Stray Remarks Doctrine
New York Law Journal
September 25, 2013