My point is that I don’t think it’s that easy to prove unless it’s blatantly obvious from an outside perspective and most lawyers wouldn’t take a case on contingency unless it was blatantly obvious to them that it was a winner.

So do you pursue it paying some lawyer an hourly rate to sift through a thousand emails just to find that the company hired a younger but still fully qualified candidate? If you are a person at the sunset of your career and still need a job it’s likely that you will not bankroll the effort…so you just move on.