United States District Court, D. Maryland
STEPHANIE A. GALLAGHER UNITED STATES DISTRICT JUDGE
Megan Milo (“Milo”) filed an Amended Complaint
against Defendants Cybercore Technologies, LLC
(“CyberCore”) and Northrop Grumman Corporation
(“NGC”) (collectively, “Defendants”),
alleging violations of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e, et seq.
(“Title VII”). ECF 47. Milo, a transgender woman,
alleges that Defendants subjected her to a hostile work
environment (Count One), terminated her employment because of
her sex, gender identity, and gender expression (Count Two),
and harassed and terminated her to retaliate for her internal
complaints about discrimination (Count Three).
September 17, 2019, United States District Judge Richard D.
Bennett issued a Memorandum Opinion and Order which, in
relevant part, dismissed certain counts of Milo's
original Complaint without prejudice. ECF 41. Subsequently,
on October 11, 2019, Milo filed her Amended Complaint. ECF
47. CyberCore and NGC each have filed Motions to Dismiss the
Amended Complaint, ECF 48 (“CyberCore's
Motion”), 49 (“NGC's Motion”). This
Court has reviewed those Motions, Milo's Oppositions, ECF
52, 53, and Defendants' Replies, ECF 56, 57. No. hearing
is necessary. See Local Rule 105.6 (D. Md. 2018).
For the reasons set forth below, Defendants' Motions will
be granted in part and denied in part.
FACTUAL BACKGROUND 
about December 2, 2012, upon approval by NGC, CyberCore hired
Milo to be a Senior Software Engineer in a facility in
Annapolis Junction, Maryland. ECF 47 ¶¶ 29-30,
33(3). Milo's workplace housed employees of
NGC, employees of other subcontractors of NGC, and employees
of federal agencies. Id. at ¶ 33. Milo was the
only CyberCore employee in the office. Id. at ¶
33(3). Her managers were NGC employees. Id. at
February, 2013, Milo received a promotion to Task Lead.
Id. at ¶ 31. Milo began living full-time as a
female shortly thereafter, on or about March 28, 2013.
Id. at ¶ 32. Prior to Milo's gender
transition, managers from Defendants and the federal
government held a meeting, where they explained to the
employees on Milo's floor that she “would be
transitioning to the female sex, that she would use
‘she' and ‘her' pronouns, and that she
should be treated with dignity and respect.”
Id. at ¶ 43. Milo contends that, despite the
meeting, her co-workers did not treat her appropriately.
Id. at ¶¶ 44-45. Specifically, she alleges
the following acts:
• “When she had first discussed transition with
Ray Wise, a federal government manager with supervisory power
over Ms. Milo, he asked if she would be wearing dresses when
she transitioned to living as a female… He indicated
dismay at her affirmative indication of choice of gendered
attire, based on his bias against someone whom he considered
to be male wearing attire that he considered to be
female.” Id. at ¶¶ 46a-b.
• “Wise and other male managers and co-workers
began to misgender Ms. Milo in order to diminish her gender
and gender expression.” Id. at ¶ 46c.
• “This effort to diminish her gender and gender
expression was confirmed for her when, at a meeting, she was
told by a male co-worker who worked with and at the direction
of Northrop that she wore her heels ‘too
high.'” Id. at ¶ 46d.
• In April, 2013, “Ms. Anderson, a CyberCore
manager, told [Milo] that her skirt was too short and was
‘bothering people.'” When Milo pointed out
another female employee with a shorter skirt, Anderson
responded, “Well that doesn't matter. She
doesn't work for me, you do.” Id. at
• In March, 2013, Theresa Olson, “who worked with
and at the direction of Northrop, ” told Milo that
“she hated transgender people” because her
ex-husband was transgender. Milo reported this incident to
Anderson in or around June, 2013, but Anderson took no
action. Id. at ¶¶ 46f, 60.
• In June, 2013, Milo and a male co-worker who worked
“with and at the direction of Northrop, ” Rob
Nelson, engaged in a loud and contentious disagreement
“about a work matter.” After the incident, Wise
corrected Milo for her loud argument with Nelson, but Nelson
was not disciplined. Id. at ¶ 46g.
• A manager, Tom Morehead, “who worked with and at
the direction of Northrop, ” witnessed misgendering by
Alex Davis, “who worked with and at the direction of
Northrop, ” and Anderson. In September, 2013, Morehead
told Milo that “she needed to ‘lay low'
because he knew that she was being targeted, and that if she
were to complain, she would be in worse trouble.”
Id. at ¶ 46h.
• Davis then brought a complaint against Milo “to
his HR, ” complaining that he was “'walking
on eggshells' around her because she asked to be called
by her proper female name and female
pronouns.” Id. at ¶ 46i.
• On or about October 15, 2013, Anderson, NGC's
Human Resources manager, Jeremy Knapp, and the federal
government program manager placed Milo on a 30-day
probationary period “based on Mr. Davis'[sic]
complaint.” Id. at ¶ 46j.
• During that meeting, when Milo explained that
Davis's conduct had been discriminatory, and asked that
the misgendering and other poor treatment stop, Knapp
responded, “What you think really doesn't
matter.” Id. at ¶ 46k.
• During the probationary period, Milo was subject to a
Performance Improvement Plan (“PIP”) issued by
CyberCore and NGC, which indicated “interaction with
coworkers is causing Megan to perform at a subpar
level.” The PIP instructed Milo that, during probation,
she should refrain from complaining in public forums, should
treat all customers and coworkers with respect. The PIP
further indicated, “Northrop Grumman management
recognizes that there are extenuating circumstances, but
Megan must extend the same understanding and latitude to her
coworkers that she expects for herself. The team is walking
on eggshells in fear of creating a perceived slight or
offense. Id. at ¶ 46l.
addition to those specific allegations, the Amended Complaint
contains a series of general allegations, defined as
allegations which do not identify the speaker, or the
approximate date, or the statement made:
• Davis “was intentionally discourteous to Ms.
Milo, in refusing to use her correct name, title, and
pronouns, and in making derogatory comments about ...