LOS ANGELES – A bus driver is suing the Los Angeles County Metropolitan Transportation Authority, claiming she was fired in retaliation for taking time off to recover from injuries she sustained when her bus struck a metal plate on the street, throwing her several inches from her seat.

Kristen Dailey’s lawsuit in Los Angeles Superior Court alleges, among other things, retaliation, discrimination in sick leave, discrimination in medical and paid sick leave, and failure to participate in the interactive process. Dailey is seeking unspecified damages of at least $300,000.

A Metro spokesman said the agency had no comment on the lawsuit filed Thursday.

Dailey was hired as a bus driver in 2019. On May 6, 2022, she was driving her usual route on Wilshire Boulevard when she drove over a metal plate on the road that had been installed during construction and was not completely level, the lawsuit says.

Dailey was thrown seven inches above her seat before falling back down. She later felt severe pain in her back, legs and feet, so she stopped, waited until feeling returned to her legs and feet, and then continued driving to let her final passengers off, the lawsuit says.

Two days later, a workers’ compensation doctor diagnosed Dailey with a herniated disk in his spine, the lawsuit says. The lawsuit goes on to say the doctor ordered Dailey to be off work for a month.

The leave was later extended and Dailey was not allowed to return to work until May 2023. She then wore a back brace for four months, the lawsuit says. But she later developed pain in her right foot and needed more time off, the lawsuit says.

When Dailey returned to work last September, her department manager allegedly asked her to sign a document stating that she had used up all her eligible absences and gave her a questionnaire for her doctor to fill out. When Dailey asked to see the questionnaire, a human resources representative told her, “That’s not how it works. You have to wait for it,” the lawsuit says.

But Dailey never received the questionnaire and was fired on October 20 of last year, the lawsuit says.

In a subsequent meeting, when the plaintiff asked if she could reapply for the position in the future, the principal told Dailey, “Absolutely not,” according to the lawsuit. The lawsuit goes on to say that the principal later escorted the plaintiff out of the building.

Dailey has suffered both lost wages and emotional stress since losing her job, the lawsuit says.

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