LOS ANGELES – A bus driver is suing the Antelope Valley Transit Authority for allegedly firing her because of her physical disability, race and gender.
Attorneys for Yvette Holmes contend that AVTA and its executive director, Len Engel, violated federal and state law by unjustly terminating her decade-long employment after bus exhaust fumes caused her to have respiratory problems, making her unable to drive the few buses in the system that emit fumes into the passenger cabin.
Engel said he could not comment because he hadn’t yet seen the lawsuit. [View the complaint here.]
The lawsuit, filed Wednesday in Los Angeles federal court, seeks to have a judge order AVTA to rehire Holmes, and to “stop AVTA from continuing its pattern of violating drivers’ rights and change its procedures to ensure due process.”
Holmes’ attorney, Julie Gutman Dickinson, alleges that AVTA has a history of unfairly targeting black, female drivers.
“My client’s story is one of many that have been told to me by drivers for the Antelope Valley Transportation Authority,” Dickinson said. “We have found there are several other African-American women who have been discriminated against by white AVTA executives over the years.”
“These women were the only ones AVTA invoked immediate removal procedures against, even though Latino and white male drivers have engaged in serious misconduct,” Dickinson alleged. “This lawsuit isn’t just about Yvette Holmes. It’s about all the female African-American drivers for AVTA who have suffered at the hands of discrimination.”
Holmes, 56, of Lancaster, now covers a full-time shift driving a Metro bus in Los Angeles, her attorney said.
Dickinson alleges that Holmes was never afforded due process rights under the contract between AVTA and Transdev — a private bus operator and maintenance corporation that contracts with AVTA — or her union’s agreement with Transdev.
“She was never asked to give her account of what happened that day and was never given a hearing after her removal,” the attorney said. “AVTA also coerced Transdev into removing her from her employment at AVTA because of her race, sex, and disability.”
As for Holmes, she said that she takes “great pride in the work I do as a bus operator and I enjoyed working in the Antelope Valley, near my husband and in my own community.”
“All I want is to be able to defend the alleged violations against me and continue serving the High Desert community bus riders,” she said.
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How dumb can you get says
Even allowing for a little legal hyperbole, it is pretty obvious that AVRA was tired of her complaining about the fumes. Rather than giving her due process, they came up with a trumped up charge. AVTA’s position is weak, weak, weak. She is going to win in court or get a huge settlement. Your tax dollars at work folks.
Robert green says
Racism doesnt exist in this desert, no black women are ever fired because of racism or discrimination. This Gov and its employers have always treated black women equally and gave them their fair share of opportunity. America loves black women and so does the antelope valley. People admit their prejudice easily and stopped being racists in the 1860s . She never could have been discriminated against she just lying and making it up like blacks did in the 60s…black lied about slavery and forced us to fight eachother….
Elizabeth says
I have to comment on this, I was an AVTA driver for 6 years, from 2005-2011. My mom was also, from 2004-2009. Both of us are white females, and both of us were fired, my mom was fired for having congestive heart failure and needing time off from work, and my termination was because I claimed worker’s comp for Carpal Tunnel Syndrome, and needing time off work for healing and surgery after, yes, in that order. My unemployment benefits were appealed by the company all the way to court where the commissioner reprimanded AVTA, which is contracted through Veolia Transportation, for wrongful termination and I was advised to seek legal counsel and my unemployment benefits were granted without hesitation by the commissioner. My point is, the company is DIRTY, period. The color of skin has nothing to do with it, and I am being very careful not to sound racist, but the majority of the drivers overall are African American, and always have been. Management at the time of my termination was almost 100% Hispanic. I don’t feel that the company is racist, they are without any doubt, equal opportunity A-Holes. I remember this driver, and I remember her not wanting much to do with me because we were Dial-A-Ride drivers, and we were teased by coworkers for the nature of the service we provided, which was to severely handicapped passengers in wheelchairs and transit drivers didn’t want the extra work we took on with that type of service. But I wouldn’t have it any other way. If anyone was discriminated against, it was us Dial-A-Ride drivers, and females in general. I was told during training that this is a male dominated profession. Not very professional to tell a female that. They are corrupt criminals. The entire company.
AV1990 says
They need a better union representing them, they also need to get rid of being contracted out by transdev and be directly employed by AVTA. They get treated poorly compared to other transit districts. No maintenance managers ever last their. I hope they all band together and vote their worthless union out and get a real union that has their back. They should never be fired for someone complaining about them, they should review the video and have a better contract about work dismissals.
Jeffrey says
I hate to say it although Somone else had mentioned it as well but I used to ride the bus for a period of time when I had car troubles and Mrs. Holmes was not the nicest driver I had come across either. I to had some experiences where my questions were met with attitude and possible prejudice
Charlean says
I’ve worked with the driver and she is absolutely right about the fumes, Every time she got a bus with the fumes she would drive it for a few until she couldn’t take it anymore. AVTA knows of this because other drivers complained about the fumes as well and other drivers also refused to drive those buses. All the company cares about is somebody in that seat, they don’t care about your well being and health. So because she refused to drive and inhale those fumes AVTA had the nerve to fire her which is wrong. Your health is more important and they need to fix those buses
GG says
I use to cringe when I saw this driver on the bus because of two issues:
(1.) She rides the brakes and then hits them super hard at required stops. Makes ya kind of seasick. Maybe that is the reason she is catching the fumes so badly verses the other drivers??
(2.) She was just mean. I was new to riding buses so I had to ask questions. She made it clearly known that it was an imposition to ask anything and more so because I am white. My roommate is black so we learned fast for him to ask her questions and not me.
I personally don’t define people by the color of their skin. I define people by their actions towards other human beings. Unfortunately, Driver Holmes has already proven herself to be prejudice to me so I have to question whether this is truly racial or just a mirror of her own prejudice being projected.
tasha says
I am a bus driver and just to reply to the comment about her hitting the brakes really hard making you sea sick lol. These buses have air brakes and something called retarders, almost all buses retarders are different. Some works well and some works too well! A retarded kicks in sometimes as soon as u take your foot off of the accelerator to automatically slow down the bus and some don’t kick in until u apply the service brake. A bus that I recently drove, the retarded kicked in as soon as I took my foot of the gas which causes the bus to constantly jerk, it was making g me sick as well so I get it. Just a lil bus knowledge letting you know that the excessive jerking is not the drivers fault
GG says
Thanks for letting us know. It does offer an explanation for what might be happening.Unfortunately, we have rode with other drivers on the same bus and that doesn’t happen. Perhaps they repair it and she has just had the misfortune of looking as a brake rider every time she drives. ( The reason we know it’s the same bus is because we witnessed someone stick some gum on a piece of the bus in the front. We kind of laugh that it’s been there for well over 2 years now lol. I’m sorry but there are very few things to do on the bus so you find ways to amuse yourselves lol.)
Jackie says
I totally support this …… I commute in this buses…. I put in a complaint about 8mths ago one of the
Buses was putting out fumes ….. It was nasty to smell…. I would try to hold my breath use a mask
As I had no choice to ride another bus….. To go to work….. Glad someone doing something about it….
michael says
if they didnt like black ladies driving for them they would have never been hired,,,,there is more to this story. her side,, their, side,,, and then the truth
Kiesha says
They have to hire blacks if they didnt or did this america. You have to hire all colors black white mexica indian so on in America its the law..
Rational says
Sounds like another case of a disgruntled employee complaining that they were unfairly targeted. Let’s all agree that we do not have all the facts. There are in fact two sides to every story and then there is the truth somewhere in between the two. Just because this woman is of color does not automatically make it discrimination! Let this play out! I for one hope that AVTA keeps their ground until it goes though court and let the jury decide. Tired of people using the court system to push people around! Hold your ground, gather your evidence, know your rights!
Tim Scott says
Unless the AVTA has documents to counter the allegation that she was fired without the meeting the contract requires they are screwed. If the meeting happened the AVTA should have her signature on that document. It is hard to imagine that if such documents exist that her lawyer would be playing the “it never happened” card, unless her lawyer has the brains of a turnip. So, they didn’t follow their own procedures in firing her looks like a slam dunk. I doubt the AVTA sees any way to avoid a judgement of wrongful termination under the existing labor agreement.
Once that is established it is up to the AVTA to explain why they would do that, other than discrimination. The lawsuit includes a list of people who apparently will assert that they too were fired “for this or that” with another list of people who have disciplinary actions other than firing in AVTA’s own files for the same thises and thatses. The pattern of black females get fired for things that other people do not looks like they will easily establish it. That makes an “it wasn’t discrimination, it was _____” a REALLY hard case to make, no matter what they try to put in that blank.
In short, by the looks of it the AVTA would be VERY well served if they can come up with a settlement offer and get it accepted, because IMO they are going to get CRUSHED if it goes to trial.
Mr.Busdriver says
Let agree a bus emitting fumes should never be driven on road epecially with passengers on board. And this transit agency has a very draconian way of dealing with it’s drivers which is about to come back to bite them in rear end.
Tim Scott says
You must be new to this site. We have plenty of regular commenters in the “well, only poor people ride buses, so screw them, and bus drivers should be thankful they have a job and suck gas with a smile” group.
At least it seems like plenty…I suspect some of them are one person using multiple screen names to agree with themselves.
sickofit says
Sounds like another gold digger to me. Hope AVTA doesn’t cow tow the way LAC does
Bandini says
They won’t be able to pay after Chairman Marve bankrupts them on those overpriced busses.
Tim Scott says
Read the lawsuit. It won’t be kowtowing. Just like LA County usually is, it appears they are grossly in the wrong and they are gonna get rightfully blasted for it.
If you don’t like your tax dollars going to lawsuit payouts, here’s a hint…stop supporting crooks and incompetents for mayor, city council, AVTA board, etc. If figuring out who to vote for is too much work then you aren’t sick enough of it.
Save Us says
Easy for you to say Tim Scott. In Lancaster we have the Machine that Rex runs and pretty much assures us of corrupt leadership. Or corrupt and inept. Have you ever listened to Marv Crist speak?
The Wheels on the bus go round and round says
Don’t you worry people. Now that Chairman Marve has led us down the road to an all electric fleet we won’t have any more fume issues. Yes, we’ll be bankrupt once the government subsidies runs out. Yes, battery disposal is a big issue. Yes, it takes electricity generated by coal and oil to charge the batteries at night. (Natural gas would be a better alternative but we all know how Chairman Marve feels about natural gas.) But we won’t have anymore fume lawsuits.
Just wait until the unions get a hold of BYD.
wait what says
wait is it just me, or should this story be more about “emist fumes into the passenger cabin” statement.
Vash says
I also was let go at AVTA over running over a cone.
I never had a hearing. They let me go the day before Thanksgiving. I was still on probation, but wasn’t offerd to do a retraining class. The union that I payed fees to didnt even want to talk to me or help me fight for my job. They just said oh well and sent me on my way.
dumbandblind says
How can there be fumes coming in the passenger cabin if the engine is mounted in the rear? Could it be the exhaust be upfront or the driver seating out back?
Just Saying says
The AV is a windy place, I could see fumes being blown into open windows when stopped and at low speed. Diesels also spout pretty bad when they start moving. But why wouldn’t this affect all the other drivers as well?
Tim Scott says
Read the lawsuit…it did affect other drivers.
Tim Scott says
That may have sounded nastier than it was intended. I was just pointing out that the answer to your question is that it DID, and the source of that answer is the lawsuit itself.
Just Saying says
Yeah, it wasn’t in the story. I clicked on the link, but 31 pages of legal text was more than I had time for.
Mr. Bus Driver says
Because the Engine and A.C./ventilation system are all in the back of the bus.