Trucker With Smoke Allergy Lacks Pennsylvania Clean Air Law Suit

July 22, 2022, 5:19 PM UTC

A Pennsylvania company defeated a truck driver’s claim that he was wrongfully discharged in violation of state public policy when it refused to stop co-workers from smoking cigarettes inside their vehicle, a federal judge ruled.

Craig Smith said Smith Transport Inc.'s actions violated the Pennsylvania Clean Indoor Air Act and the public policy underlying that law. But any state law wrongful discharge claim Smith otherwise may have had was preempted by the Americans with Disabilities Act and the Pennsylvania Human Relations Act, two other laws under which he also sued, the US District Court for the Western District of Pennsylvania ...

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