Ex-Walmart Driver Lacks Claim Over Breathing Machine Requirement

A Walmart Inc. driver who claimed he was constructively discharged when the company required him to wear a breathing machine at night after he was diagnosed with sleep apnea can’t sue for retaliation or violation of Ohio public policy, the Sixth Circuit ruled Thursday.

Joe B. Allman disputed the results of a first sleep apnea study, which he said was ordered during his annual Department of Transportation licensing re-certification exam only because of his body-mass index and neck circumference. He said the breathing machine caused him difficulties and repeatedly stopped wearing it. Walmart suspended him each time, the court said. ...