What to Know
- A bus driver has filed a class action lawsuit against the MaBSTOA and NYCTA alleging she was not given proper accommodations while pregnant
- The lawsuit was filed Tuesday afternoon by Latoya McFarlane in Manhattan Superior Court on behalf of “other pregnant bus drivers"
- McFarlane claims that because there was a failure to reasonably accommodate her, she was denied wages and benefits and suffered distress
A local bus driver has filed a class action lawsuit against the Manhattan and Bronx Surface Transit Operating Authority and its parent agency, the New York City Transit Authority, alleging that she was not reasonably accommodated during her pregnancy. She also demands the agencies make reasonable accommodations for pregnant bus operators moving forward.
The class action lawsuit was filed Tuesday afternoon by Latoya McFarlane in Manhattan Superior Court on behalf of “other pregnant bus drivers who have in the past and who will in the future seek reasonable accommodation, without success, from MaBSTOA and the NYCTA.”
The lawsuit asks for light-duty and non-strenuous tasks when necessary – something the local union says the MTA – of which the NYCTA and MaBSTOA are part of -- has failed to do in violation of the law.
“The MTA is forcing pregnant women to make a terrible choice. Do jobs that put your unborn child’s health in jeopardy or have your pay docked,” Tony Utano, president of Transport Workers Union Local 100, said in a statement. “It’s outrageous and unnecessary. They can give these women temporary desk jobs doing clerical work. The MTA is always talking about worker availability. These women are available and willing to work but need the authority to be reasonable and caring for once.”
The TWU Local 100 represents 5,000 members, including bus operators, maintainers, cleaners and clerical employees, who work for the Manhattan and Bronx Surface Transit Operating Authority, providing bus service throughout Manhattan and the Bronx.
McFarlane, who continues to work for MaBSTOA, alleges that when she was 26 weeks pregnant with her first child her obstetrician recommended that she stop driving a bus because of back pain, leg swelling, pelvic pressure and the need to use a restroom frequently. Her doctor’s note allegedly emphasized that he recommended light duty for the sake of the unborn child, the lawsuit said.
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McFarlane alleges that she subsequently completed an accommodation request form asking for a position where she would not sit for long periods of time and where she had access to a restroom.
McFarlane alleges that on July 5 of this year she received a notice from her union representative that she was assigned 10 days of light duty in a job requiring the use of cleaning solvents, which might trigger her asthma.
According to the lawsuit, on subsequent dates, through her union representative, McFarlane was offered certain duties which she could not complete, including checking wheelchair lifts, a position requiring bending and possibly kneeling, and moving buses from one location in the depot to another, or between depots in the Bronx – a task McFarlane could have done, the lawsuit goes on to say, except that she was also allegedly required to drive buses through a bus wash that had harsh chemicals and vacuum the fare box, which required bending.
McFarlane claims that MaBSTOA was unwilling to modify the bus moving duties so as not to include the bus wash or vacuuming, even though the lawsuit says such a modification would not have caused undue hardship.
She also alleges that because of NYCTA and MaBTOA’s failure to do an appropriate job search, she was only paid for one day of work after May 3, 2019, and in order to get paid, had to exhaust her vacation leave, personal days and sick leave.
McFarlane claims that because there was a failure to reasonably accommodate her, she was denied wages and benefits and suffered emotional distress.
She seeks for the NYCTA and MaBTOA to modify their policy and engage in cooperative dialogue and provide accommodations to pregnant bus drivers in accordance with the NYC Human Rights Law, the payment of lost wages, reinstatement of lost pension benefits and leave time, and reimbursement of all health care costs as well as attorney fees and costs.
In a statement to News 4, MTA Communications Director Tim Minton said: “NYC Transit takes the health and welfare of all employees very seriously. Beyond that, it’s our policy not to comment on pending litigation.”
