Takeaway: The employer’s offer for the plaintiff to leave without any negative impact on her record did not indicate age-based pressure to resign.

The 1st U.S. Circuit Court of Appeals affirmed summary judgment in favor of Trader Joe’s in an age discrimination action brought by a 77-year-old former employee who was terminated after purchasing alcohol for her 19-year-old grandson, who also worked in the store.

In 2003, the plaintiff began working as a crew member at a Trader Joe’s store in Brookline, Mass. By all accounts, she was an exemplary employee and consistently received stellar reviews throughout her 17 years of employment.

Because the store sells alcohol, all crew members, including the plaintiff, underwent training about the store’s alcohol policies, which prohibited the sale of alcohol to any person under the age of 21. The policy further provided that employees had a “responsibility to comply with all federal, state, and the Town of Brookline’s Laws.” The policy also outlined disciplinary measures for violations of the policy, which included potential termination.

In February 2021, while the plaintiff and her 19-year-old grandson were both working in the store, they went to the alcohol section together; her grandson selected a beer from the shelf and handed it to the plaintiff, who then purchased the beer. Another employee witnessed the transaction and reported it to the store manager. When asked about the beer, the plaintiff confirmed that she had purchased it...

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