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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Home Depot argues that Rolfs cannot establish the third element of his claim, i.e., that he was subjected to harassment based upon his membership in a protected class. Specifically, Home Depot argues that both Kelly’s in-store boorishness and his party rant were mere unactionable workplace banter rather than harassment based upon Rolfs’ sex. Rolfs says that “Kelly created an unlawful hostile environment by using sex-related conduct and comments to demean and humiliate [him] as a man.” Pl.’s Mem. of Law (doc. no. 30-1) 1. He also cites authority for the proposition that conduct that is not overtly sexual, such as Kelly’s management decisions and disciplinary actions following the “Come on, Gene” incident, may be used to support a Title VII sex-discrimination claim based upon a hostile work environment. Rolfs concludes his argument this way: “Sex, and Rolfs’ [unjwillingness to satisfy Kelly’s sexual fantasies or fulfill Kelly’s expectations of his masculinity, or put up with Kelly’s repeated humiliations, was at the heart of the hostile environment Kelly subjected Rolfs to.” Id. at 24.

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