An employer that, without soliciting internal or external applications for an open management position, selects the only candidate who applied may face legal liability to older employees, or others in a protected classification, who previously had expressed interest in being promoted to the position. That’s a lesson of the recent ruling of the U.S. Court of Appeals for the Ninth Circuit in Caldrone v. Circle K Stores Inc .

Background

Circle K is a chain of convenience stores and fuel stations. Brian Caldrone, Joseph Celusta and Kathleen Staats were Circle K dealer business managers, advising fuel station operators on operational matters. They excelled as business managers. All expressed interest in being promoted to regional director, the next level.

In January 2020, the West Coast

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