What is the median age of people who are applying to Google? I suspect that many older programmers are set in their job and/or do not have the skills in the newer technology and do not apply.
I suspect this is the case. Each year Google went to my graduate department and tried to recruit everyone who was coming out. Among the foreign students in particular you could walk up to a random student, ask them when they were doing their Google interview, and you'd almost always get an answer (foreign students liked big companies because it made the H1B stuff easier)
Google is also a very young company. They're not going to have people who have been around for 20 years because they haven't been around 20 years. I know a few people who are 40+ in my company and most of them have been there 10+ years.
Moreover looking at the article I don't think he's got much of a case:
In the complaint's account, Heath was contacted by a recruiter with Google's engineering staff. The company was looking for candidates with experience in C/C++ and Java. "After reviewing your experience, I thought you would be a great candidate to come work at Google and add value," wrote the Google recruiter to Heath.
I've gotten those, hell I think RMS got one from Microsoft. The recruiter just wants to get you applying, it's no indication that you're good for the job.
There was a technical telephone interview that, as described in this lawsuit, appears to have been handled oddly. The interviewer was 10 minutes late to the call, "barely fluent in English," and "used a speaker phone that did not function well." Heath politely asked him, repeatedly, to use the phone's headset but the request was declined
Alright it was a crappy interview, does he think Google was deliberately throwing the interview? Why not just give him some really difficult problems so he fails and thinks he wasn't good enough? If they really wanted to avoid old people it would be simpler just to direct their recruiters to avoid them.
Maybe there is some age discrimination going on at Google, but if so this article is hardly evidence of that fact.