I have tried a lot of age discrimination cases; I’ve won some and lost some. And I’ve taken lots of depositions in such disputes. Here’s something I’ve learned: It pays to examine both sides of the coin.
Sure, ask whether the plaintiff ever heard comments by managers displaying animus against older people or whether those managers did nothing to stop others from making such comments.
But also ask the inverse questions: Did the plaintiff hear managers make comments lauding the value of youth, or did the plaintiff observe managers failing to act when others did so?
You might be surprised what you learn.