If the older employees do not have to prove that their employers deliberately discriminated against them, what must they prove to win their cases?

To win their age discrimination cases, the employees must first show that the employers’ plan or action had an adverse affect on older employees. If, in response, the employers establish that the action or plan is based on reasonable factors other than age (e.g. recruitment of personnel), the employees will likely lose unless they can trump the employers’ proof.