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 only connection between the two that Rolfs posits is his theory that Kelly transferred his competent assistant managers, issued him four P/DNs, and placed him on a PIP in attempt to fire him, an attempt that Rolfs characterizes as somehow growing out of Kelly’s party rant. The problem is that with regard to the theory he advances, Rolfs does not “ ‘point to specific facts that were properly asserted in ... affidavits and supporting materials’ which would permit a reasonable juror to find in his favor at trial,” Alvarado, 687 F.3d at 460 (quoting Floyd v. Farrell, 765 F.2d 1, 5 (1st Cir.1985); citing Over the Rd. Drivers, Inc. v. Transp. Ins. Co., 637 F.2d 816, 818 (1st Cir.1980)). Absent any provable connection between Kelly’s explicitly sexual conduct and his non-sexual conduct, the only working conditions at issue in the following analysis are those that were explicitly sexual in nature, i.e., Kelly’s in-store boorishness and his party rant.

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