Circle K cannot circumvent lawsuit

Courts use a three-part test to see whether there’s enough circumstantial evidence to allow an employment discrimination case to get to trial. The case below is one more example that it isn’t a difficult test to pass, and employers should avoid providing random evidence that can be used against them.

Who gets the Western region?

Brian Caldrone, Joseph Celusta, and Kathleen Staats are former employees of Circle K Stores, a chain of convenience stores and fuel stations with nearly 10,000 North American locations. They sued Circle K for employment discrimination, alleging it denied them promotions because of their age.

Before 2020, the three were employed at Circle K as Dealer Business Managers (DBMs). Among other responsibilities, DBMs assist fuel station operators by providing advice on pricing, customer service, and station appearance. DBMs report to regional directors who oversee particular geographic areas.

They each were, by all accounts, exemplary DBMs. They each received strong performance reviews and earned company awards for their work. Their performance put them in line for promotion to the regional-director level, an opportunity in which they all expressed interest.