Caldrone v. Circle K Stores, Inc., 2025 WL 2811320 (9^th Cir. 2025)

Three former employees of Circle K Stores sued, alleging age discrimination based upon Circle K’s denial of a promotion. The employees alleged that despite their “impressive track records” and indications on their part of interest in promotion, they were not given a chance to apply for the position of West Coast Regional Director. The district court granted summary judgment in favor of Circle K on the ground that the employees did not apply for the promotion and, in any event, Circle K had offered a legitimate, nondiscriminatory justification for the promotion decision in that the employee who was selected for the promotion was the only one who expressed an interest in the position for which he was “uniquely qualified.” The Ninth Circuit reversed the grant of summary judgment based on evidence that Circle K had decided not to accept applications, which obviated plaintiffs’ obligation to submit them. The Court further held that a 9.3-year age gap between the employee who received the promotion and the youngest of the plaintiffs was sufficient to show that the former was “substantially younger” than the latter (45.2 vs. 54.4 years old). The Court also held that evidence of ageist comments, an expressed desire by Circle K to promote younger candidates and encouragement of older employees to retire was admissible to defeat summary judgment.