In Linell v. New York City Department of Education, 15-CV-5085, 2018 WL 1611370 (E.D.N.Y. March 30, 2018), the court dismissed plaintiff’s sex-based hostile work environment claim.
The court explained:
To substantiate her gender-based hostile work environment claim, Edelmann testified that Oberle told Edelmann that she was dressed “inappropriately” when she wore a long t-shirt over leggings or yoga pants; told Edelmann three times that one teacher thought Edelmann was wearing a push up bra while other teachers thought Edelmann “had a boob job”;4 and told Edelmann about a dozen times that she would make a wonderful mother, despite his knowledge that she had a hysterectomy. (Edelmann Dep. at 53:17–19; D.E. # 60-26 at 72:25–73:5, 75:6–8, 76:3–6; Edelmann Aff. ¶¶ 49–52.) Edelmann contends that, when making this last set of statements, Oberle was mocking her about her infertility. (See Edelmann Opp. at 7–10.) Although it is not clear that these statements can support a gender-based hostile work environment claim,5 the Court will assume that they can for the purposes of this motion. Oberle’s statement that Edelmann was dressed inappropriately cannot do so, however, because it is a facially neutral statement that a reasonable jury could not find related to Edelmann’s sex.