The Southern Regional Board of Education in Ocean County, New Jersey agreed earlier this month to pay a settlement of $30,000 to Thomas Pancoast, a now 71-year-old school bus driver who claimed he was passed up for promotions because of his age.
According to court documents, Pancoast began working for the board as a part-time school bus driver in 2008. He said that at the time of his hiring, he was told that should full-time driver positions become available it would be filled on a seniority basis from the pool of part-time drivers as long as the applicants had clean records.
A full-time vacancy was announced the summer of 2013 and Pancoast applied. He was reportedly the applicant with the most seniority, yet he was not given an interview. The board hired two drivers with less seniority who were also younger in age, and another with the same level of seniority who was “dramatically” younger.
Pancoast complained to the transportation office about what he believed to be discriminatory actions on the board’s part. Documents state that the next day, the board administrator met with Pancoast to advise him that, starting the following week, he would no longer be a “steady in and out” driver and that part-time drivers in these positions would now rotate every two weeks. Pancoast claimed that he was the only one removed from the “steady in and out” route.
He filed a complaint with the Southern Regional Board of Education’s Office of Affirmative Action on Nov. 19, 2013.
The following January, another full-time positioned opened up. Pancoast applied and was once again the most senior applicant and met the requirement of no recorded incidents. According to documents, the board hired younger drivers with less seniority. On April 1, 2014, he met with the district’s superintendent to complain about discriminatory and retaliatory treatment and claimed that he was ignored.
Shortly thereafter, Pancoast filed a suit asking for compensatory, punitive and incidental damages, among other things.
On Nov. 11, Pancoast and the Southern Regional Board of Education settled for $30,000, with the board emphasizing in documents that this was not an admission of liability, but a way to avoid further litigation.
