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’ reliance upon Marrero is unavailing. The plaintiff in that case endured sexual harassment throughout the course of her employment. See 304 F.3d at 14-16. Here, in contrast, it is undisputed that with the exception of the Los Angeles strip-club invitation — which the court hesitates to characterize as sexual harassment, given Rolfs’ history of accepting such invitations in the past — Kelly completely stopped making sexually oriented comments to Rolfs many months before Rolfs left his position at Home Depot. Moreover, the harasser in Marrero continued to sexually harass the plaintiff after she confronted him, and even ratcheted up the vulgarity of his harassment thereafter. See id. at 14. Here, it is undisputed that after Rolfs said “Come on, Gene,” Kelly completely stopped his boorish in-store behavior. Similarly, while the sexual harassment in Marrero did not abate as a result of the complaints the plaintiff raised, see id. at 15-16, the alleged sexual harassment in this case had ended long before Rolfs first complained to Worcester about Kelly.

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