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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Rolfs claims that Kelly retaliated against him for “Come on, Gene” by issuing him four P/DNs and placing him on a PIP. However, it is difficult to characterize the P/DNs as adverse employment actions for purposes of a Title VII retaliation claim. Hours after Rolfs received his second P/DN, which mentioned the process by which P/DNs can lead to a PIP, he called Worcester and complained about Kelly’s in-store boorishness and his party rant. Within a week of receiving his third P/DN, Rolfs contacted Worcester again, and about a week after that, Rolfs complained to Deveno about Kelly’s in-store boorishness and his party rant. Then, about a week after he received his fourth P/DN, Rolfs had another meeting with Deveno to discuss Kelly’s behavior. And, hours after Kelly placed him on a PIP, Rolfs sent Deveno another e-mail complaining about Kelly’s sexual behavior. While Kelly’s first disciplinary action against Rolfs came weeks, if not months, after “Come on, Gene,” Rolfs complained to Deveno about Kelly’s alleged sexual harassment hours, if not minutes, after Kelly’s final disciplinary action.

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