Builders FirstSource Sued by EEOC for Discrimination

SEATTLE – A building supply company doing business as Builders FirstSource north of the Seattle area violated federal law when it terminated a qualified worker’s assignment because of his age and the assumption that he had a physical impairment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed Monday.

Assigned by a third-party staffing company, the 67-year-old worker reported for his first day of work as an assembler at Builders FirstSource’s truss facility located in Arlington, Washington, in June 2023. According to the EEOC’s lawsuit, the general manager made assumptions based on her very brief observation of the worker’s age and appearance. She speculated he had a physical impairment and would not be physically capable of performing the job, so she immediately terminated his assignment. In reality, the worker was qualified for the position and had a history of working long hours at physically demanding jobs.

Such alleged conduct violates both the Age Discrimination in Employment Act (ADEA) and Title I of the Americans with Disabilities Act (ADA), which prohibit employment discrimination based on age and disability, including perceived disabilities. The EEOC filed suit (EEOC v. BFS Group LLC dba BFS Group of Washington LLC d/b/a Builders FirstSource, Case No. 2:24-cv-01562) in U.S. District Court for the Western District of Washington, Seattle Division, after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

“Employers must assess workers based on their actual qualifications and abilities, rather than mistaken assumptions based on age and perceived disability,” said Elizabeth Cannon, director of the EEOC’s Seattle Field Office.

EEOC Senior Trial Attorney Amos Blackman said, “The EEOC is committed to enforcing anti-discrimination laws that protect workers from stereotypes based on age and discriminatory perceptions of their physical abilities.”

For more information on age discrimination, please visit https://www.eeoc.gov/age-discrimination . For more information on disability discrimination, please visit https://www.eeoc.gov/eeoc-disability-related-resources .

The EEOC’s Seattle Field Office has jurisdiction over employers located in Washington, Idaho, Oregon, Alaska and Montana.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.