Rolfs v. Home Depot U.S.A., Inc., 971 F. Supp. 2d 197 (2013)

Citation: Rolfs v. Home Depot U.S.A., Inc., 971 F. Supp. 2d 197 (2013)
Parent Document: Rolfs v. Home Depot U.S.A., Inc., 971 F. Supp. 2d 197 (2013)
Jurisdiction: New Hampshire (state)
Effective Date: 2013-09-20
Original Source: https://www.courtlistener.com/opinion/8728300/rolfs-v-home-depot-usa-inc/ ↗

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Between the time Kelly first met the customer and the end of 2008, Kelly made comments about her to Rolfs, or made physical gestures such as a thumbs-up, between five and ten times. In particular, Kelly referred to the customer as “a nice piece of ass,” doc. no. 30-31 (Rolfs Dep.), at 23, and asked Rolfs when he was “going to put it to her,” id. at 33. When Rolfs expressed disinterest in pursuing sexual relations with the customer, Kelly asked him whether he was “a homo,” id. at 38.3 In 2008, Rolfs did not mention Kelly’s in-store boorishness to anyone at Home Depot and did not ask Kelly to stop it. Rather, he tried to change the subject when Kelly started talking about the female customer.

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