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 court of appeals has held that “[v]ery close temporal proximity between protected activity and an adverse employment action can satisfy a plaintiffs burden *218of showing causal connection.” Sánchez-Rodriguez, 673 F.3d at 15 (quoting Calero-Cerezo v. U.S. Dep’t of Justice, 355 F.3d 6, 25 (1st Cir.2004); citing Clark Cnty. Sch. Dist. v. Breeden, 532 U.S. 268, 273-74, 121 S.Ct. 1508, 149 L.Ed.2d 509) (2001)) (emphasis added, internal quotation marks omitted). In Sánchez-Rodríguez, a span of three months between the filing of an EEOC complaint and an employer’s disciplinary action was held to be sufficient temporal proximity to satisfy the plaintiffs burden of showing a causal connection. See 673 F.3d at 15. In Calero-Cerezo, the court held that a span of one month was sufficient, see 355 F.3d at 26, but also noted that “[tjhree and four month periods have been held insufficient to establish a causal connection based on temporal proximity,” id. at 25 (citing Richmond v. ONEOK, Inc., 120 F.3d 205, 209 (10th Cir.1997)); Hughes v. Derwinski, 967 F.2d 1168, 1174-75 (7th Cir.1992)).

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