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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Based upon the language of his complaint, it might seem that Rolfs was attempting to plead “the ‘gender stereotyping’ variation of sex-based discrimination.” Morales-Cruz v. Univ. of P.R., 676 F.3d 220, 224 (1st Cir.2012) (citing Price Waterhouse v. Hopkins, 490 U.S. 228, 250-51, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989) (plurality opinion)). “A gender-stereotyping claim arises when an individual suffers an adverse employment action because she [or he] either conforms or fails to conform to some stereotype or stereotypes attributable to her [or his] gender.” Morales-Cruz, 676 F.3d at 224-25 (citing Thomas v. Eastman Kodak Co., 183 F.3d 38, 59 (1st Cir.1999)); Pivirotto v. Innovative Sys., Inc., 191 F.3d 344, 355 (3d Cir.1999) (observing that Title VII protects against an employer’s decisions to “fir[e] women it perceives as not feminine enough (or as too feminine)”). But, notwithstanding the complaint’s references to gender stereotypes, the recitation of the elements of Rolfs’ cause of action in his memorandum of law makes it clear that Count I is a traditional hostile-work-environment claim, see doc. no. 30-1, at 22 (citing O’Rourke v. City of Providence, 235 F.3d 713, 728 (1st Cir.2001), rather than a discrimination claim based upon gender stereotyping).6

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