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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (163)

Full Text

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There are several problems with such a claim. First, Rolfs seems to be contending that if he had been willing to engage in adultery, then Kelly would not have created a hostile work environment for him. But, of course, “faithful spouse” is not a protected category under either Title VII, see 42 U.S.C. § 2000e-2(a)(l), or New Hampshire’s Law Against Discrimination, see RSA 354-A:7, I. Accordingly, under either statute, a claim of faithful-spouse discrimination would not survive a motion to dismiss for failure to state a claim.