Before any disciplinary actions were taken, the plaintiff had lodged formal complaints that her superiors made discriminatory and disparaging comments about her race and gender. The allegedly pervasive racist and sexist comments and conduct preclude summary dismissal of the claims as insubstantial.
Nelson v. New York City Tr. Auth., NY Slip Op 00671 (1st Dep't January 30, 2020)
Here is the decision.