A trucking company’s insurance policy cannot set its driver hiring rules if those rules discriminate by age, the U.S. Equal Employment Opportunity Commission says in a lawsuit against Trancasa USA.

The EEOC alleges that the Pharr, Texas-based company has refused to hire driver applicants over 65 since at least June 2023 because its liability insurance policy did not cover them. The agency also says Trancasa agreed to apply stricter driving-record standards to applicants over 60 under that policy.

The Age Discrimination in Employment Act protects applicants and employees age 40 and older. According to the EEOC, a company cannot avoid that requirement by pointing to an insurer’s terms.

“Employers cannot discriminate against workers by claiming that the discrimination is required or authorized by a contract with another party,” said Ronald L. Phillips, acting EEOC Dallas regional attorney.

It's worth noting, however, that according to a 2024 CDC fact sheet on older drivers in general (not just commercial drivers), those 55 and older have twice the risk of dying in a work-related crash than younger workers do.

The lawsuit was initiated by the EEOC’s Dallas District Office, which has jurisdiction over a substantial part of Texas and parts of southern New Mexico.

The EEOC filed the case in federal court in McAllen, Texas, after an attempt to resolve it through its conciliation process. The allegations have not been decided by the court.