MetroAccess serves people who cannot travel on Metrobus and Metrorail.
MetroAccess drivers are required by the U.S. Department of Transportation to undergo a physical, but Wayne Baker, head of Local 1764, the union that represents the driver, says he's not aware of what type of testing is done.
U.S. DOT spokesperson Brian Farber says it depends on the class of driver. Metro and MV Transportation declined to discuss the matter because of the active lawsuit.
Baker says he was told the driver got sick after he was hired. The driver acquired the tuberculosis through a passenger who had ridden on the vehicle.
David Wasser, the attorney for the plaintiffs, calls that story farfetched, adding that even if the driver became sick after he got the job, he should have been removed.
"There have been numerous people who have indicated that they observed him displaying significant symptoms," Wasser says. "One person I recently spoke to thought he had cancer."
Metro has filed a motion in U.S. District Court to dismiss the case.