Atchison Transportation Services Sued by EEOC for Age Discrimination


Transportation Company Fired Older Drivers Because of  Their Ages, Federal Agency Charges

SPARTANBURG, S.C.  - Atchison Transportation Services, Inc., the  largest full-service ground transportation company in South Carolina, violated  federal law by firing two employees because of their ages, the U.S. Equal  Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.

According to the EEOC's suit, on or about Dec.21, 2011, William  Thomas, who was a motor coach driver for Atchison, was told by the company's operations  manager that the company was terminating him.  The operations manager told Thomas that he had  thought that Thomas was "only 70," but because he had discovered that Thomas was  actually 75, the company had to let him go.   The complaint alleges that the operations  manager further stated that the company's insurance policy had a clause that  did not allow drivers to drive after they reached the age of 75.

The EEOC's suit made similar allegations concerning Norris Locke, who  also worked as a motor coach driver for the company.  On April 30, 2009, when Locke was 76 years  old, he was discharged by the same operations manager.  According to the EEOC, the operations manager  stated that Locke was terminated because the company's insurance policy would  not insure Locke any longer.  The EEOC said that the company's insurance policy had no  clause that prohibited insuring older drivers.  

Such alleged  conduct violates the Age Discrimination in Employment Act (ADEA).  The EEOC filed suit in the U.S. District  Court for the District of South Carolina, Spartanburg Division (EEOC v. Atchison Transportation Services,  Inc., Civil Action No. 7:13-CV-02342-HMH-JDA), after first attempting to reach a pre-litigation  settlement through its conciliation process.  In its complaint, the EEOC seeks back pay,  liquidated damages, reinstatement and/or front pay for Thomas and Locke, as  well as injunctive relief. 

"There is no excuse for  firing an employee who is fully capable of doing his or her job because of  age," said Lynette A. Barnes, regional attorney for the EEOC's Charlotte  District Office, whose jurisdiction also covers most of South Carolina.  "Doing so is illegal.  The EEOC is committed to using all available  means, including litigation, to combat age discrimination." 

The EEOC is responsible for  enforcing federal laws prohibiting discrimination in employment.  Further information about the EEOC is  available on its website at


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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© U.S. Equal Employment Opportunity Commission (EEOC) | Attorney Advertising

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