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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Moving from the quantitative realm to the qualitative, it is well established that, for purposes of Title VII, a work environment may be rendered hostile both by conduct that is explicitly racial or sexual and by conduct that is not. See Rosario v. Dep’t of the Army, 607 F.3d 241, 248-49 (1st Cir.2010) (citing Marrero v. Goya of P.R., Inc., 304 F.3d 7, 20 (1st Cir.2002); ORourke, 235 F.3d at 730). But, as the opinion in O’Rourke points out, for non-sexual conduct to contribute to a sex-based hostile work environment, the non-sexual conduct must be charged with discriminatory animus. See 235 F.3d at 729 (citing Lipsett v. Univ. of P.R., 864 F.2d 881, 905 (1st Cir.1988)); see also Alvarado, 687 F.3d at 459.

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