B&B Founding Partner, David E. Belfort, spoke with Massachusetts Lawyers Weekly recently relative to the decision of Frenette, et al. v. Alexion Pharmaceuticals, Inc., et al. (Civil Action No. 1:22-cv-11042-IT) in which U.S. Federal District Court Judge Indira Talwani denied the defendant’s motion for summary judgment in an age discrimination case. In its March 20, 2026 Memorandum & Order, the Court found sufficient facts in dispute based on evidence that Alexion’s interview-only re-hiring process was designed to disadvantage older workers.
The plaintiffs — Kathleen Frenette, Leslie Anne Montgomery, and Suzanne Zuckerman — were case managers at Alexion Pharmaceuticals when the company announced a 2020 corporate restructuring. All neurology group case managers would be terminated and required to reapply for newly created positions. The re-hiring process was premised solely on the basis of a single, subjective interview before panels of company managers and HR professionals, with no consideration given to applicants’ experience, seniority, or prior performance history. All three plaintiffs — each over the age of 50 — were not rehired. Instead, their roles were given to younger applicants with higher interview scores. Judge Talwani concluded that the record contained sufficient evidence for a reasonable jury to infer pretext for age discrimination.
Attorney Belfort, who was not involved in Frenette, was quoted by Lawyers Weekly as follows: “The court’s decision validates that when companies abandon consideration of experience and performance history in favor of a subjective single-interview process, it can signal intentional discrimination rather than legitimate business reorganization.”
Bennett & Belfort will continue to monitor developments in this case as it proceeds to trial.
