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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To make out a prima facie case of retaliation under the familiar McDonnell Douglas burden-shifting framework, a plaintiff must show that: (1) [he] engaged in protected activity under Title VII, (2) [he] suffered an adverse employment action, and (3) the adverse employment action was causally connected to the protected activity. Collazo v. Bristol-Myers Squibb Mfg., Inc., 617 F.3d 39, 46 (1st Cir.2010); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). If a plaintiff makes this showing the burden swings to the defendant “to articulate a legitimate, non-retaliatory reason for its employment decision.” Collazo, 617 F.3d at 46. If a defendant can do this then the burden travels once more to the plaintiff to show that the reason is pretext and that retaliatory animus was the real motivating factor. Id.

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