The Supreme Court is allowing a Michigan road worker to sue his former employer over a noisy, dirty job that the worker had requested.

The court on Monday rejected an appeal from the Kalamazoo County Road Commission that sought to block Robert Deleon's lawsuit. He sued the commission for discrimination after he suffered from stress and exposure to soot and diesel fumes in his job as equipment superintendent.

Deleon was passed over for the job before the commission gave it to him in 2009 when others bowed out. He lasted less than a year due to tension with his superiors and health problems.

A federal appeals court allowed the lawsuit to continue.

Justice Samuel Alito said he would have reversed the ruling, which he described as strange and unprecedented.