El Paso, Texas-based logistics company Fat & Broke — which operates as Gamer Logistics — is facing age discrimination allegations for employees and applicants age 65 or older, according to a complaint filed by the Equal Employment Opportunity Commission.
The company allegedly fired a 69-year-old worker, refused to hire a 68-year-old applicant, and violated labor law for other workers and applicants, according to the government. Further, a liability insurance policy did not cover drivers aged 65 or older, the EEOC said.
“Employers are ultimately responsible for their own hiring, firing, and conditions of employment,” EEOC Dallas District Office Director Travis Nicholson said in a statement. “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.”
The government alleged that company and insurance policies excluded drivers age 65 or older. Some exclusions could be made for those training other drivers or driving locally, per the complaint.
Around March 2025, Gamer Logistics “obtained new liability insurance coverage from a different insurance carrier that provides coverage for Defendant’s drivers who are age 65 and older, subject to the following conditions: ‘Drivers Age 65 and over must provide a valid Long Form Physical to the insurance carrier for review and possible acceptance,’” according to the complaint.
But such medical screening is also discriminatory, the EEOC said.
The EEOC complaint was filed Sept. 29 before the Oct. 1 U.S. government shutdown began. But it quickly became put on hold Oct. 2 until after the federal funding impasse ends.
