$21.$ Please answer the question regarding the approach one and two: A plaintiff who is trying to prove an aged$-$based discriminatory discharge in a RIF case can use two different approaches to prove a claim. The elements are listed below:

Approach One:

$1.$ The downsized employee was age $40$ or older.

$2.$ They were selected for termination from a larger group of candidates.

$3.$ They were performing at a level at least substantially equivalent to the lowest level among the group of employees retained.

$4.$ The group of employees retained included one or more substantially younger employees who were not performing any better than the terminated employee.

or

Approach Two:

$1.$ The downsized employee was age $40$ or older.

$2.$ They were performing their job to the employer$$s reasonable expectations.

$3.$ They were terminated $($or suffered another adverse employment action such as failure to transfer or rehire$).$

$4.$ Other similarly situated employees $($i$.$e$.,$ those with comparable positions, skills, and qualifications$)$ who were substantially younger were treated more favorably or

$5.$ There is additional direct, circumstantial, or statistical evidence indicating that the plaintiff would not have been discharged $$but for$$ their age.

$-$If a prima facie case is established, the employer must articulate the lawful reason$($s$)$ for selecting the employee for termination.

$-$The plaintiff has the opportunity to show that the stated reasons are pretext and that it is more likely that the decision was based on the employee$$s age.

$(**$Please answer the following questions A through C succinctly and provide an example for each question to justify the individual$$s way of thinking$)$:

$-$First off the individual needs to reflect on their knowledge of employment law, the elements spelled out above, their medical administrative and general life experience and answer the following questions succinctly and provide an example for each to justify their way of thinking: A$)$The individual needs to explain which one of these elements is the most problematic for employers. In other words, when these matters either go to court or simply get filed with HR$,$ which element is the hardest for employers to defend? B$)$Why$?$ C$)$What patterns has the individual seen? If the individual hasn't seen any cases like this, please give me their best guess.