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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Standing alone, the words “Come on, Gene” neither pointed out discrimination or discriminatory practices, see Manoharan, 842 F.2d at 594, nor specified the conduct that Rolfs purportedly opposed, see Morgan, 901 F.2d at 194. If those three words were the only evidence before the court, it would be relatively easy to dismiss “Come on, Gene” as insufficient to qualify as protected conduct. But, as Rolfs points out, Kelly engaged in no further in-store boorishness after Rolfs said “Come on, Gene.” That, in turn, is good evidence that notwithstanding whatever interpretation a third party might give the words “Come on, Gene,” Kelly himself regarded those words as a complaint about his in-store boorishness. Because Rolfs could have reasonably believed, in good faith, that Kelly’s in-store boorishness violated Title VII, the court will treat “Come on, Gene” as protected activity. See Morales-Cruz, 676 F.3d at 226 (citing Collazo, 617 F.3d at 48; Fantini v. Salem State Coll., 557 F.3d 22 (1st Cir.2009); Wimmer v. Suffolk Cnty. Police Dept., 176 F.3d 125, 134 (2d Cir.1999)).

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