Case details

Bus operator terminated for excessive absences: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Since 2005, plaintiff Yashica Sykes was a bus operator for the Los Angeles County Metropolitan Transportation Authority. Sykes has endometriosis and she claimed that after taking all available family leave and sick days, as well as additional days off, she was placed on disciplinary notice. She was ultimately terminated from her position in 2010. Sykes claimed she was discriminated against because of her gynecological condition and was terminated in retaliation for taking family medical leave. Sykes sued the Los Angeles County Metropolitan Transportation Authority for violations of the Family Medical Leave Act. Sykes also alleged that the defendant’s actions constituted discrimination for failing to accommodate her condition and retaliation for taking medical leave, resulting in her wrongful termination. Sykes claimed that she asked to be accommodated by allowing her to only come in to work on certain days, due to her condition, but that Los Angeles County Metropolitan Transportation Authority refused. She alleged that as a result, she was put on disciplinary notice and eventually terminated. Defense counsel contended that Sykes took off approximately three to five months every year since 2005, which included the 12 weeks of family leave. Thus, counsel contended that Sykes had absentee problems and that the amount of days she asked off from work was excessive because she would not be able to perform the duties of a bus operator., Sykes claimed she suffered emotional distress during employment as a result of being subjected to the disciplinary actions against her. She also claimed she suffered emotional distress after her termination as a result of not being able to pay her bills. Thus, Sykes sought recovery of $500,000 in lost wages, as well as general damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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