Nevertheless, the United States, the MTA, and the UTU, desiring that this action be appropriately settled without the burden of protracted litigation, agree to the jurisdiction of this Court over the parties and the subject matter of this action. The MTA asserts that because it cannot guarantee that any bus operator will have sufficient seniority to obtain a work assignment with the desired days off, work hours, or work location, the MTA requires every bus operator applicant to verify that he/she is available to work any shift, at any location, on any day of the week. The assignments for MTA bus operators, with the exception of initial BDOF Bus Operator assignments, are subject to seniority bidding pursuant to a collective bargaining agreement. The MTA and the UTU deny the United States' allegations, and further deny violating any law, or discriminating against Henry Asher or anyone else on the basis of religion. In its amended complaint, the United States alleges that the MTA has engaged in a pattern or practice of employment discrimination based on religion in violation of Title VII by using hiring procedures that have excluded qualified individuals from bus operator positions whose religious observances, practices and/or beliefs preclude them from complying with the MTA's requirement that employees in the Operations Division be available to work weekends, on any shift, at any location, and has discriminated against Henry Asher based on religion by terminating him because his religious observances, practices and/or beliefs precluded him from working during the Sabbath. This Court has jurisdiction of the action under 42 U.S.C. An amended complaint was filed to include the United Transportation Union ("UTU") pursuant to court order. The United States brought this action against the Los Angeles County Metropolitan Transportation Authority ("MTA") pursuant to the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. METROPOLITAN TRANSPORTATION AUTHORITY AND UNITED TRANSPORTATION UNION. UNITED STATES OF AMERICA, CASE NO.: CV 04-07699 JFW (JTLx) Parker, Milliken, Clark, O'Hara & Samuelian 18849 Sawtelle Blvd., Suite 500ģ33 South Hope Street, 27 th Floor Los Angeles, CA 90025Īttorneys for Defendant UNITED TRANSPORTATION UNION RAYMOND G. WEINREB, CA 192828 Lawrence Drasin & Associates GOODRICH, CA 41370 LAWRENCE DRASIN, CA 31669
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