On August 28, 2013, the EEOC filed the lawsuit in the Spartanburg Division of the U.S. District Court for South Carolina against a Spartanburg transportation company on behalf of two of its employees. Both plaintiffs in the case–EEOC v. Atchison Transportation Services, Inc.–are over seventy years of age, both worked as drivers, and according to the complaint each was told by management, more or less explicitly, that he was being terminated because of his age. If true, these allegations imply that the company violated the Age Discrimination in Employment Act (ADEA), which states clearly in 29 U.S.C. § 623 that “it shall be unlawful…for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” The plaintiffs won a settlement of $85,000, and the case was dismissed on October 2, 2014.
One plaintiff, William Thomas, claims that his Operations Manager informed him that he was terminating his employment because he was 75, although he had believed that Thomas was only 70. The same Operations Manager told Thomas that the company’s insurance policy contained a clause that did not allow anyone to drive after he or she reached the age of 75. No problems with Thomas’s performance at the job were ever discussed as part of this process.
The other plaintiff, Norris Locke, was terminated under similar conditions. Locke, a 76-year-old motor coach driver, was also told that the Defendant’s insurance carrier did not want to insure him any longer so he was terminated. Again, no performance problems were discussed.