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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The Supreme Court recently addressed the scope of the opposition clause in Crawford. The Court held that the term “oppose,” left undefined by the statute, carries its ordinary meaning, which includes “ ‘to resist or antagonize ...; to contend against; to confront; resist; withstand,’ ” or “ ‘to be hostile or adverse to, as in opinion.’ ” Id. at [276, 129 S.Ct. 846] (quoting Webster’s New International Dictionary 1710 (2d ed.1958) and Random House Dictionary of English Language 1359 (2d ed.1987)). Applying this standard, the Court held that a plaintiff who did not initiate a complaint about sexual harassment nevertheless engaged in protected conduct under the opposition clause. Id. at [273, 129 S.Ct. 846]. In response to questions posed to her during an internal investigation, the plaintiff described various instances of sexually harassing behavior by another employee. The Court held that plaintiffs responses to employer questioning could reasonably be seen as resistant or antagonistic to the sexually harassing treatment, “if for no other reason than the point ... explained by an EEOC guideline: ‘When an employee communicates to her employer a belief that the employer has engaged in ... a form of employment discrimination, that communication’ virtually always ‘constitutes the employee’s opposition to the activity.’ ” Id. at [276, 129 S.Ct. 846] (quoting 2 EEOC Compliance Manual §§ 8-H-B(1), (2), p. 614:0003 (Mar. 2003)). The Court rejected the Sixth Circuit’s view that the opposition clause required an employee to engage in “active, consistent ‘opposing’ activities” and to instigate or initiate a complaint. Id. at [277, 129 S.Ct. 846].

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