The Penn Record Jun. 6, 2016, 3:23pm


PHILADELPHIA — A truck driver is suing Pitt Ohio Express Inc., a depot operator, citing alleged disability discrimination, retaliation and wrongful termination.

Tommy Don Dailey of Alburtis filed a complaint on May 5 in the U.S. District Court for the Eastern District of Pennsylvania against Pitt Ohio Express Inc. alleging that the depot operator allegedly violated the Americans with Disabilities Act and the Pennsylvania Human Relations Act.

According to the complaint, the plaintiff alleges that on July 1, 2014, due to hearing problem, he lost his CDL license needed for his position as truck driver. He requested that he be transferred to a non-driving position but was refused, he alleges, claiming that he even offered a reduction in pay if necessary to remain employed but was told that there was nothing available for him. As a result of discrimination, he says, he suffered lost wages and benefits, emotional distress and other losses. The plaintiff holds Pitt Ohio Express Inc. responsible because the defendant allegedly refused to offer him a non-driving position and listed him on a leave of absence and eventually terminated him from employment.

The plaintiff requests a trial by jury and seeks an award for all damages, plus interest, costs, fees and injunctive relief. He is represented by Neil E. Durkin of Neil, Durkin Law Office LLC in Cherry Hill, New Jersey.

U.S. District Court for the Eastern District of Pennsylvania Case number 5:16-cv-02168

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