Age Discrimination Case Highlights Risks of Inconsistent Promotion Practices

The U.S. Ninth Circuit Court of Appeals recently revived an age discrimination lawsuit, underscoring the importance of following consistent promotion practices and documentation. This case reminds employers that failing to post a promotion opportunity — combined with selecting a younger candidate — can support an age discrimination claim. And that employers should ensure they have a well-documented, legitimate and nondiscriminatory reason when deviating from established promotion procedures (Caldrone v. Circle K Stores Inc., No. 24-1432 (9th Cir., Oct 3, 2025)).

In this case, three long-term employees sued Circle K Stores Inc. (Circle K) forprima case