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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There is indeed a problem with the third element of Rolfs’ claim. To establish that element, Rolfs must show that he was subjected to harassment based on his membership in a protected class. See Higgins v. New Balance Ath. Shoe, Inc., 194 F.3d 252, 258 (1st Cir.1999) (“no claim lies [under Title VII] unless the employee presents a plausible legal theory, backed by significantly probative evidence, to show, inter alia, that the hostile environment subsisted because of such individual’s race, color, religion, sex, or national origin.”) (quoting 42 U.S.C. § 2000e-2(a)(1)). In Higgins, the court of appeals affirmed the trial court’s grant of sum*210mary judgment against a Title VII plaintiff claiming discrimination based upon his sexual orientation, because, “as drafted and authoritatively construed, Title VII does not proscribe harassment simply because of sexual orientation.” 194 F.3d at 259 (citing Hopkins v. Balt. Gas & Elec. Co., 77 F.3d 745, 751-52 & n. 3 (4th Cir.1996); Williamson v. A.G. Edwards & Sons, 876 F.2d 69, 70 (8th Cir.1989)). Thus, to succeed on a Title VII claim, a plaintiff must allege and prove membership in a protected class.

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