Totally agree. These mass layoffs in tech under the guise of "we overhired during to the pandemic" are the perfect opportunity to not have to consider protected classes nor performance. Women over 40 coming back from maternity leave were caught, and have no recourse, when done as a reduction in force....
BTW - Edge case aside, I don’t equate the 40+ protected class as having any merit in the work place or practical application in the legal arena.