Re: Ah the magic number or how the game is rigged ...
well, the population of employees would theoretically be higher for "over 40' than "under 40" due to the birth rate reduction over the last few decades as compared to what it was before... yeah, society is becoming "older" but everyone already knew this.
So targeting a lot of 'older' employees is probably happening. The question is whether this 'targeting' is due to the age, wage, or population age distribution. Wage is probably the most likely.
As for the assumption that a "predominantly Caucasian" group of employees, who allegedly make the layoff decisions, would in any way FAVOR the retention of Caucasians over anyone else, is extermely PREPOSTEROUS in my view. I don't personally know anyone who'd say "let's lay off all of the black employees because we're Caucasians". I doubt very many exist in the 21st century, in spite of SJW whining.
Anyway, this suit may have no merit, but as an "old guy" in my 50's, I can see a bit of age discrimination happening here and there. But it may also be WAGE discrimination, as in "do we want the guy with 30 years experience who knows he can earn twice as much, or will we take our chances on the 'just graduated' guy who doesn't know what he's worth, then pay him HALF AS MUCH".
It may just be WAGE, and not age. Yeah.
[but if they want the job done in HALF the time, even though I charge twice as much, they'll hire ME instead]