A bus driver applicant has alleged that the Regional Transportation District is violating the federal Civil Rights Act of 1964 in its hiring practices.

“Although Defendants may permissibly consider an applicant’s driving record in evaluating her application to be a bus driver, they must do so through an individualized assessment of each applicant’s driving record,” the complaint reads.

Shanita Taylor, whom the lawsuit identifies as a black woman, applied in March 2018 to be a bus driver with First Transit, the contractor that operates service and manages hundreds of RTD employees.

RTD rejected Taylor’s application because she had in excess of 10 points against her driving record in seven-year period. Taylor admits that she had six points for driving a defective vehicle, eight points for driving without insurance or failing to provide proof of insurance, and one point for defective headlamps.

However, she argues that because people of color are more likely than white people to receive points on their record from police interactions, RTD and First Transit should instead evaluate whether the infractions come from lack of safe vehicle operation.

“A class action is superior to other available methods for the fair and efficient adjudication of this controversy because numerous identical lawsuits alleging similar or identical causes of action would not serve the interests of judicial economy,” the complaint reads. “This is especially true in the case of relatively low-wage, minority bus driver applicants, like the class members here, who are unlikely to seek, or be able to retain, legal representation on their own.

Taylor wrote that she is not aware of other similar lawsuits pending. Her suit seeks redress on behalf of all black and Latino applicants who were rejected from employment.

CPR, which previously reported on the existence of the lawsuit, quoted an RTD spokesperson as saying “RTD’s foremost concern is safety. Hiring standards for operators reinforce that safety culture.”