EEOC Sues Gamer Logistics for Age Discrimination

EL PASO, Texas— Fat and Broke, Inc., doing business as Gamer Logistics, a logistics company located in El Paso with offices in Laredo, Texas, Indiana, and Mexico, violated federal law when it fired and refused to hire a class of older drivers and applicants for driver positions because of their age, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the lawsuit, in March 2024, Gamer Logistics fired a 69-year-old driver, a four-year veteran of the company, because the company’s new liability insurance policy did not cover drivers aged 65 or older. The EEOC charged that in July 2024, the company refused to hire a 68-year-old applicant for a driving position because of his age. Both the employee and applicant held commercial driver’s licenses and met the physical requirements to operate commercial motor vehicles.

The EEOC’s suit further charged Gamer Logistics with excluding a class of employees and job applicants from driver positions because they were age 65 or older. The suit alleged that the company has also recently imposed age-discriminatory medical screening conditions for employing older drivers.

“It is well documented that the American workforce is aging,” said EEOC Acting Regional Attorney Ronald L. Phillips. “Workers in their mid-to-late 60s, 70s and beyond continue sharing their valuable skills and experience as fewer new workers are entering our labor market. Accordingly, older workers increasingly provide the essential engine that drives our economy forward. We can neither tolerate nor afford to permit industry to commit age-discriminatory employment practices. This conduct is not only wrong, but also harmful to our national economy.”

The type of conduct alleged in the EEOC’s complaint violates the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against individuals 40 or older because of age, including discharge, failure to hire, and different terms and conditions of employment. The EEOC filed suit (U.S. EEOC v. Fat & Broke, Inc. d/b/a Gamer Logistics, Case No. 3:25-cv-00433) in U.S. District Court for the Western District of Texas, El Paso Division after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

EEOC Dallas District Office Director Travis Nicholson said, “Employers are ultimately responsible for their own hiring, firing, and conditions of employment. They cannot escape liability for evident age-based employment decisions just because another private party, such as an insurance company, imposes an age-based restriction.”

For more information on age discrimination, please visit https://www.eeoc.gov/age-discrimination.

The lawsuit was initiated by the EEOC’s Dallas District Office, which has jurisdiction over a substantial part of Texas and parts of southern New Mexico.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.