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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His first, a “sex-plus” theory, posits that the employer discriminated against men — and only men — who possessed certain qualities. Eminent authority indicates that such a course of action, if proven, may constitute discrimination “because of ... sex.” See Phillips v. Martin Marietta Corp., 400 U.S. 542, 544, 91 S.Ct. 496, 27 L.Ed.2d 613 (1971) (per curiam) (reversing summary judgment and holding that an employer may have violated Title VII by treating women with pre-school-age children differently than men with children of the same age). Riding this horse for all it is worth, the appellant identifies the culpable trait — for which men were punished but women were not — as either a sexual attraction to men or, alternatively, homosexuality. Id. (parallel citations omitted).

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