LOS ANGELES – A bus driver is suing the Los Angeles County Metropolitan Transportation Authority, alleging she was fired in retaliation for taking time off to heal from injuries she received after her coach hit a metal plate on the road that jarred her several inches out of her seat.
Kristen Dailey’s Los Angeles Superior Court lawsuit allegations include retaliation, medical leave discrimination, medical and paid sick leave discrimination and failure to accommodate and engage in the interactive process. Dailey seeks unspecified damages of at least $300,000.
A Metro representative said the agency had no comment on the suit brought Thursday.
Dailey was hired as a bus operator in 2019. She was driving her usual Wilshire Boulevard route on May 6, 2022 when she drove over a metal plate on the road that was put there during construction and was not entirely flat, the suit states.
Dailey was thrown seven inches above her seat before falling back down. She later felt sharp pain in her back, legs and feet, so she pulled over, waited until feeling in her legs and feet returned and then drove on to drop off her last passengers, the suit states.
Two days later, a workers’ compensation doctor diagnosed Dailey with a bulging disc in her spine, according to the suit, which further states that the physician placed Dailey off work for a month.
The leave was later extended and Dailey was not cleared to return to work until May 2023, when she wore a back brace for four months, the suit states. However, she later developed right foot pain and needed more time off, the suit further states.
When Dailey went back to her job last September, her division director allegedly told her to sign a document stating that she had used all her allowed absences and gave her a questionnaire for her doctor to fill out. When Dailey asked to review the questionnaire, a human resources representative told her, “It doesn’t work like that. You have to wait for it,” the suit states.
But Dailey never received the questionnaire and was fired last Oct. 20, the suit states.
In a subsequent meeting, the director told Dailey, “Absolutely not” when the plaintiff asked if she could reapply for her position in the future, according to the suit, which further states that the director later escorted the plaintiff out of the building.
Dailey has suffered from both lost wages and emotional distress since losing her job, the suit states.
