In McMillian v. New York City Taxi and Limousine Commission et al, No. 20-cv-5722 (LDH), 2022 WL 4539689 (E.D.N.Y. Sept. 28, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim.
From the decision:
Defendants argue that Plaintiff’s hostile work environment claim should be dismissed because Plaintiff does not provide any concrete examples of how such conduct was tied to his gender. Defendants are correct. While Plaintiff asserts several factual allegations concerning his experience at the Commission, he fails to allege that any of this conduct occurred because of his gender. For example, Plaintiff alleges that he was falsely accused of filing false sick leave documents and for using profanity against Joseph. (Am. Compl. at 11.) But, he does not allege that the alleged false accusations were made because of his gender. Put another way, there is no nexus between Defendants’ alleged conduct and Plaintiff’s gender. This failure is fatal to Plaintiff’s hostile work environment claim.
Based on its finding that plaintiff failed to establish a nexus between the alleged conduct and his gender, it declined to address whether whether plaintiff’s contentions rose to the level of an objectively “severe or pervasive” work environment.