Texas trucking co. sued for firing older trucker and refusing to hire drivers over age 65

The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against a west Texas trucking company over alleged age discrimination.

On September 30, 2025, the EEOC announced a lawsuit against El Paso-based company Fat and Broke, Inc., doing business as Gamer Logistics, filed in the U.S. District Court for the Western District of Texas.

The lawsuit accuses Gamer Logistics of violating 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. 

According to the EEOC, Gamer Logistics fired a 69 year old truck driver in March 2024. The driver had worked for Gamer Logistics for four years but was let go because the company’s new liability insurance policy did not cover drivers aged 65 or older, according to federal authorities.

Officials also allege that in July 2024, the company refused to hire a 68 year old truck driver due to his age.

Both the fired truck driver and the applicant held commercial driver’s licenses and met the physical requirements to operate commercial motor vehicles.

The lawsuit further accuses Gamer Logistics of excluding a class of employees and job applicants from driver positions because they were age 65 or older, and of recently implementing 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.”

“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,” said EEOC Dallas District Office Director Travis Nicholson.