Road agency takes dirty job case to highest court

KALAMAZOO, Mich. (AP) — A western Michigan road agency is asking the U.S. Supreme Court to intervene in the case of a worker who said he suffered from exposure to soot and diesel fumes.

An appeals court says Robert Deleon can sue the Kalamazoo County Road Commission for discrimination for putting him in the dirty job. The case is unusual because Deleon is suing over a job that he wanted. He was turned down as equipment superintendent but was placed in the post nine months later when other candidates bowed out.

The road commission is asking a federal judge to postpone a trial until the Supreme Court decides whether to get involved. Deleon’s attorney opposes any delay.

Deleon went on a medical leave in 2010 and didn’t return to work.

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