That's certainly understandable, but another article[1] goes into some of the details of that interview that do make it seem a bit odd:
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.
One part of the interview involved writing a short program to find the answer to a problem posed by the interviewer. Heath accomplished the task and offered to share it via Google Docs or email, but, instead, the interviewer required Heath "to read the program coding over the phone."
I'm not suggesting that's grounds for an age discrimination lawsuit, but it's easy to see how it could seem the interviewer wasn't that interested in giving the candidate a fair shot.
[1] http://www.computerworld.com/article/2914233/it-careers/medi...