If you are 40 or older and were quietly passed over for a promotion in California, an employment lawyer can help you determine whether age bias played a role. The Ninth Circuit’s recent decision in Caldrone v. Circle K Stores Inc. provides guidance for understanding how courts look at promotion decisions, especially when employers prefer a younger candidate without a transparent selection process.
What Caldrone v. Circle K Shows
Three long-tenured employees alleged Circle K denied them a West Coast regional director role because of age and favored a younger candidate. Although the district court initially granted judgment to the employer, the Ninth Circuit reversed. The appellate court explained that employees do not need to prove they “applied” where the employer never solicited applications or used a closed process. It also clarified that a roughly nine-year age gap, while not dramatic, can still point to discrimination when combined with other facts, such as executive remarks that skew young, patterns of favoritism toward younger workers, and doubts about the chosen candidate’s performance. In short, the court found enough evidence for a jury to decide whether Circle K’s explanation was genuine or a pretext.
The Legal Standards in California
Two laws protect workers in these scenarios. The federal ADEA prohibits age discrimination against employees 40 and older, and California’s FEHA provides parallel protections with generally more robust remedies. Courts apply the McDonnell Douglas framework in determining whether the employee over 40 can establish a prima facie case (step 1 of a discrimination claim): the employee first presents basic facts suggesting discrimination; the employer offers a legitimate reason; and the employee shows that reason is a pretext. Caldrone underscores that a closed or opaque promotion process does not insulate an employer and that subtle age bias—rather than overt ageist comments—can be sufficient evidence of age discrimination.
Practical Guidance if You Were Passed Over
Start by writing down dates, decision-makers, and what was said around the promotion decision, including comments that suggest age discrimination such as management stating they are seeking “new energy,” “fresh perspective,” or a “digital native,” these terms could be considered to reflect an age preference for younger employees. Save job postings, emails, or calendar invites that show whether the role was ever posted or was quietly filled. Compare your qualifications, tenure, and objective performance metrics with the selected candidate’s credentials. If safe to do so, use internal complaint channels to report concerns in writing and keep copies. Before signing severance or any release, speak with a Pasadena employment attorney to preserve claims and strategy options.
How an Employment Lawyer Builds Your Case
A skilled employment lawyer will gather decision records, org charts, performance reviews, and any succession-planning documents; interview witnesses about remarks and deviations from policy; and analyze whether the employer’s stated reasons shifted over time. They will line up comparators, examine whether younger employees advanced under looser standards, and file with the EEOC or California Civil Rights Department to protect deadlines while negotiations or litigation proceed. This evidence-driven approach is designed to show how the process unfolded, why your qualifications stacked up, and where pretext appears.
Deadlines and Remedies
Deadlines move quickly. EEOC charges are often due within 300 days in California, and CRD complaints generally within three years of the alleged violation. Remedies can include back pay, lost benefits, future wage losses, emotional distress under FEHA, attorneys’ fees, and, in appropriate cases under FEHA, punitive damages. Early legal advice helps you meet filing deadlines, avoid pitfalls in internal reporting, and secure the documentation that strengthens settlement leverage.
Talk to an Employment Lawyer
Workers Rights Law Firm, APC represents employees across Los Angeles County and throughout California who were denied promotions or leadership roles because of age. If you are 40+ and suspect age bias, request a free case review. The sooner you involve counsel, the better your chances of preserving evidence, protecting your position at work, and pursuing the compensation you deserve.