Trucking Company Beats Driver Suit Over Cigarette Smoke Allergy

A truck driver won’t get a trial on claims that cigarette smoke in his employer’s vehicles caused him debilitating migraines and that the company didn’t do enough to help him, forcing him to resign.

The ruling by the US District Court for the Western District of Pennsylvania addressed when an allergy can be a disability under the Americans with Disabilities Act and Pennsylvania law. The standard was once essentially the same under both laws, but 2005 amendments Congress made to the ADA meant a different test now applies under the Pennsylvania Human Relations Act than under federal law, the court ...