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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In sum, it cannot be disputed that Kelly’s in-store boorishness and his party rant were sexually charged and extremely offensive. Those factors alone, however, are not enough to establish that Kelly’s conduct, unsavory as it may have been, was sexual harassment or sex discrimination that violated Title VII or New Hampshire’s Law Against Discrimination. See Higgins, 194 F.3d at 258 (“The record makes manifest that the appellant toiled in a wretchedly hostile environment. That is not enough, however, to make his employer liable under Title VII.... ”). B. Count II — Retaliation

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