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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However, even if the P/DNs were adverse employment actions, and even if “Come on, Gene” was the but-for cause of any of the P/DNs or the PIP, Rolfs’ retaliation claim would still fail, at the third step of the McDonnell Douglas framework. Under that framework, Rolfs’ establishment of a prima facie case shifted the burden to Home Depot “to articulate a legitimate, non-retaliatory reason for its employment [actions].” Gerald, 707 F.3d at 24 (citation omitted). Because the P/DNs and the Performance and Development Summary (“P & DS”) form that accompanied Rolfs’ PIP all explained why they were issued, Home Depot has carried its burden. Rolfs does not argue to the contrary. Thus, for Rolfs to avoid summary judgment, he must produce evidence from which a reasonable jury could conclude that Kelly’s reasons for disciplining him, i.e., those described in the P/DNs and the P & DS form, were actually pretexts intended to hide retaliatory animus. Rolfs has not produced the evidence necessary to avoid summary judgment on the issue of pretext.

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