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Wednesday, May 20, 2026

Employment – Age discrimination – Reapplication interviews - Massachusetts Lawyers Weekly

Where three plaintiffs have alleged that the defendant employer used a “ruse” of terminating case managers and requiring them to reapply through a process based solely on subjective interviews, resulting in disparate treatment of the plaintiffs based on their age, the defendant should be denied summary judgment on a claim of age discrimination, as the record contains sufficient evidence such that a jury could reasonably infer that the defendant’s single-interview hiring process was pretextually designed to make hiring decisions premised on age-related bias.

“In this employment dispute, Plaintiffs Kathleen Frenette, Leslie Anne Montgomery, and Suzanne Zuckerman assert claims against Defendants Alexion Pharmaceuticals, Inc. (‘Alexion’) for age discrimination and retaliation. Plaintiffs assert that, in a 2020 restructuring resulting in additional jobs, Alexion used a ‘ruse’ of terminating case managers and requiring them to reapply through a process based solely on subjective interviews, resulting in disparate treatment of Plaintiffs based on their age. …

“Alexion contends that its hiring decisions regarding Frenette, Montgomery, and Zuckerman were based on ‘legitimate, non-discriminatory reasons.’ … Alexion argues that the internal hiring decisions were based on interviews alone and that the internal candidates hired as [Patient Education Manager (PEMs)] and other managerial positions significantly outperformed Plaintiffs during the October 2020 interviews. …

“Plaintiffs...



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