LOS ANGELES – The Los Angeles County Metropolitan Transportation Authority has tentatively reached a settlement with a bus driver who alleged a supervisor sexually harassed her with comments such as, “I have some good knee pads that worked for me.”
Shana Smith also alleged in her Los Angeles Superior Court lawsuit that she was initially afraid to complain about her boss’ alleged behavior because she was on employment probation and feared she would not be placed on permanent status. Smith’s attorney filed court papers on Monday with Judge Maurice A. Leiter notifying him both of the accord and that a request for dismissal will be filed within 65 days of Metro’s anticipated formal approval of the agreement. No terms were revealed.
In their previous court papers, Metro attorneys denied Smith’s allegations, stated that they violated the statute of limitations and also contended that any actions taken regarding the plaintiff were for “legitimate, non-discriminatory reasons.”
According to Smith’s suit, she was hired in 2021 and during an exchange of texts her supervisor said to her, “I have some good knee pads that worked for me,” leaving the plaintiff “offended, shocked (and) scared.”
The boss has made sexual comments about other female bus drivers and operators and has never been disciplined, but has not said similar things about male bus operators, the suit brought Aug. 15 alleged.
“Plaintiff was scared,” the suit stated. “At the time (Smith) was still on probation, so she wondered if she didn’t accept his advancements would she lose her job. She was also terrified to report his behavior.”
Smith eventually mustered the courage to file a complaint, but Metro took no significant action against the supervisor and she continues to have to interact with him, even though Metro has a “zero tolerance” sexual harassment policy, the suit alleged.
Smith also contends that in retaliation for speaking out, she has been asked to take multiple drug tests that have not been required of other drivers. She also says she was unfairly given a three-day suspension after a passenger fell outside her bus while trying to board it.
The plaintiff has suffered from ongoing emotional distress and experienced lost wages as well as medical expenses, the suit stated.
