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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (163)

Full Text

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In short, Rolfs has produced no evidence to show that it was reasonable for him to believe that he had to resign in order to escape from Kelly’s alleged sexual harassment. Rolfs’ own testimony establishes that Kelly’s objectionable conduct had ceased between six months and one year before Rolfs left Home Depot. Construing the undisputed evidence in Rolfs’ favor, no reasonable juror could conclude that Kelly’s alleged sexual harassment forced him to resign. As a matter of law, Rolfs did not suffer a constructive discharge resulting from the manner in which Home Depot responded to his charges of sexual harassment. Home Depot, therefore, is entitled to judgment as a matter of law on Rolfs’ second theory of retaliation. Conclusion