Hand-Picking Younger Candidate for Promotion Leads to Age Discrimination Claim

The Ninth Circuit Court of Appeals has revived age discrimination claims against Circle K (Caldrone v. Circle K Stores, Inc.,), stemming from a lawsuit by older employees who were not considered for a promotion. The employer is accused of handpicking a significantly younger candidate instead of following standard internal hiring procedures. This decision highlights the need for employers to maintain consistent, documented hiring and promotion practices to avoid legal challenges.

Background Facts

Three Circle K Dealer Business Managers (plaintiffs) in their mid-50s brought claims against Circle K for age discrimination after the company decided to fill an open regional director position by laterally transferring another regional director in their mid-40s. According to the plaintiffs, the decision-maker was known for promoting younger workers and had a bias against older workers. They claimed that Circle K ignored their interest in the position and deviated from the company’s practice of soliciting applications internally.

The Decision

While the District Court ruled in favor of Circle K, the Ninth Circuit disagreed, finding:

1. It is not a requirement for an age discrimination claim that a plaintiff apply for a promotion when their employer declines to solicit applications and does not announce that a position is available, and,
2. An age difference of less than 10 years between the plaintiff and the person selected can be considered substantial if there is evidence that the employer considered age to be a significant factor in the decision.

In light of this and additional evidence, the Ninth Circuit concluded that a jury could infer Circle K’s actions to be motivated by “ageist animus.”

The Takeaway

The Caldrone decision does not mean that employers must use a specific process for hiring or promotion decisions. However, the case provides a big warning: inconsistent practices can lead to discrimination claims, particularly where the reasons for decisions are not supported by documentation.

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