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A Texas-based logistics company with an office in Indiana is being sued by the U.S. Equal Employment Opportunity Commission for allegedly discriminating against older drivers because of their age.
The lawsuit was filed on Monday in the U.S. District Court in El Paso. The EEOC is representing John Baquera and Jesus Ramos, as well as other job applicants and employees who have been impacted by Gamer Logistics’ practices. The company did not immediately respond to a request for comment.
The EEOC alleges that in March 2024, Gamer Logistics fired Baquera, 69, a driver who had been working at the company for four years, because the company’s new liability insurance policy did not cover drivers ages 65 or older. Then in July 2024, the company allegedly refused to hire Ramos, 68, for a driver position because of his age, according to the lawsuit.
“It is well documented that the American workforce is aging,” EEOC Acting Regional Attorney Ronald L. Phillips. said in a news release. “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.”
In March 2025, Gamer Logistics obtained new liability insurance coverage from a different insurer that provides coverage for drivers who are 65 years of age or older, but they must provide a valid Long Form Physical to the insurance carrier for review. Physicals with less than one year of validity will not be considered by the carrier, according to the lawsuit.
According to the lawsuit, the logistics company did not retain Ramos’s employment application for a period of one year after he applied. Instead, the company allegedly maintains a practice of destroying applications from applicants who are not hired 30 days after the date of their applications.
The EEOC is accusing Gamer Logistics of discharging an employee because of age, denial of hiring because of age, discriminatory terms and conditions of employment because of age and a recordkeeping violation
The EEOC is seeking a permanent injunction enjoining the company from engaging in age discrimination and from violating the commission’s Age Discrimination in Employment Act recordkeeping regulations.
The case is U.S. Equal Employment Opportunity Commission v. Fat and Broke Inc., dba Gamer Logistics, 3:25-cv-00433-KC.
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