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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For the proposition that “Come on, Gene” did not rise to the level of protected activity, Home Depot relies upon several opinions, including Morgan v. Massachusetts General Hospital, 901 F.2d 186 (1st Cir.1990). In Morgan, the plaintiff complained that he was sexually harassed at a Christmas party by a co-worker who “asked him to dance with him, and started to ‘pull on him.’ ” 901 F.2d at 188. Even though the plaintiff “told his supervisor ... about the Christmas party incidents,” id., and “that the co-worker [from the Christmas party] sometimes stood behind him as he was mopping, causing him to bump into the co-worker,” see id., the court of appeals affirmed the district court’s determination that the plaintiff had failed to establish that he had engaged in protected activity, because, when he talked to his supervisor, “he failed to specify any particular prohibited practices that he opposed and/or sought to change,” id. at 194; see also Manoharan v. Columbia Univ. Coll. of Physicians & Surgeons, 842 F.2d 590, 594 (2d Cir.1988) (explaining, when affirming trial court’s determination that plaintiff failed to establish prima facie case of retaliation, “we agree with Judge Goet-tel that appellant’s objections at the time neither pointed out discrimination against particular individuals nor discriminatory practices by Columbia”).

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