Yes, it is evidence of age discrimination and could be enough to take a case to the jury. It may not be enough to establish a claim under the ADEA as some courts say that stray comments here and there do not suffice to establish a claim. But, that evidence could be smoking gun evidence in other cases. It certainly helps an age discrimination case to have this type of evidence.

• Can young people even those under 40 sue for age discrimination under state laws?
• Can a younger person in the protected class sue for age discrimination?
• What if an employer fires one employee who is 65 and replaces him or her with someone who is 47. Does this constitute age discrimination since both employees are over 40?
• How old must an employee be to qualify for protection under the ADEA?
• What sorts of employer actions can constitute unlawful retaliation?
• How does an employee prove retaliation?
• If an employee files both a sex or race discrimination claim and a retaliation claim, can the retaliation claim survive even if the underlying sex or race claim is dismissed?
• Does Title VI I’s retaliation clause protect an employee who participates not in a court proceeding or EEOC investigation but in an employer’s internal investigation of sexual harassment?
• What does Title VII say about retaliation?
• What is an example of a discrimination case involving religion in which it was ruled that the employer did not accommodate the employee adequately?
• If the employee establishes a prima facie claim, what must the employer do?
• How does an employee prove a claim of religious discrimination?
• Title VII also prohibits religious discrimination by covered employers. What is the law’s definition of religion?
• Does Title VII prohibit discrimination against transsexuals?
• Does Title VII protect employees who are harassed by members of the same sex?
• Can employers assert any defense to supervisory harassment?
• If a supervisor commented on an employee’s physical anatomy a few times and made several sexual jokes in her presence, is that sexual harassment?
• Does Title VII apply to harassing behavior on the part of employers?
• If an employer does present a legitimate, nondiscriminatory reason for the discharge then what must the employee do to prove his or her case?
• If an employee presents a prima facie (or basic) case of discrimination, what must the employer show?