Colorado Employer Settles Age Discrimination Claim for $15,000

In October 2015, a 79-year-old individual applied for a driver position with Telluride Express, a shuttle service operating in Telluride, Colorado. The applicant claimed to meet all stated qualifications, including age, Department of Transportation compliance, and driving record requirements. However, the employer's transportation supervisor allegedly informed the applicant that he could not be hired because the company's commercial auto insurance policy would not cover drivers of his age.

The Equal Employment Opportunity Commission (EEOC) subsequently filed a complaint in the U.S. District Court for the District of Colorado on behalf of the applicant. The EEOC alleged the employer violated the Age Discrimination in Employment Act (ADEA) by denying the job based solely on age, rather than qualifications. The complaint asserted that the employer neither reviewed the applicant's driving record nor sought modifications or exceptions from its insurer, nor did it attempt to find alternative insurance coverage. The EEOC sought back wages, damages, and injunctive relief, including an order for the company to provide equal employment opportunities for workers aged 40 and older.

The case concluded with a 20-month consent decree. Under the terms, the employer agreed to pay $15,000 to the applicant. Additionally, the company committed to maintaining commercial automobile insurance policies that do not exclude drivers aged 40 or older based on age or apply stricter coverage standards to this demographic. The employer also agreed to hire an outside consultant to review and update its age discrimination policies, provide ADEA training to its managers and human resources staff, and submit compliance reports to the EEOC.