DARTS driver alleges rider sexually assaulted her. 2 years later, she was asked to pick him up again
CBC
WARNING: This article contains details of sexual assault and may affect those who have experienced it or know someone affected by it.
A former DARTS driver from Hamilton says she was asked to pick up a passenger who she alleges sexually assaulted her on the job two years earlier.
The woman, who no longer works for the accessible transportation service, has been waiting seven years for a hearing at the Human Rights Tribunal of Ontario (HRTO) and, for the first time, is sharing her story publicly in her pursuit for accountability.
"Recovery becomes hard when there's no answers," she told CBC Hamilton.
DARTS, short for Disabled & Aged Regional Transit System, is a non-profit organization contracted by the City of Hamilton to provide accessible transportation.
The woman filed a complaint to the HRTO in 2017, accusing her employer of discriminating against her by not preventing sexual assault — which she said involved a rider who made sexual comments and masturbated behind her — and not properly accommodating and protecting her afterwards.
CBC News is not identifying the woman due to the nature of the alleged assault. The HRTO also approved a request by her lawyer to anonymize her name in the proceedings.
"If I can be brave enough to tell my story and let people know of my traumatic experience, I would hope that would give someone else hope to tell their story," the woman said.
Documents she filed to the HRTO and reviewed by CBC Hamilton detail why she wants $275,000 from DARTS for allegedly violating her human rights and discriminating against her on the basis of a disability.
The HRTO resolves claims of discrimination and harassment under the Human Rights Code.
The city declined CBC Hamilton's request for comment and directed questions about the case to DARTS.
Documents filed by DARTS with the HRTO outline why it says the complaint should be dismissed.
DARTS declined an interview with CBC News, but executive director Kathy McVicars said in an email that employees' and passengers' health and safety is a "top priority" and protective measures are in place.
McVicars said the service takes sexual harassment allegations seriously and promptly investigates them. She said she couldn't comment on this specific case due to litigation and privacy concerns.
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