The Recreation and Parks Agency of the State Government Has

The Recreation and Parks Agency of the state government has six employees and is interviewing for a person to teach gymnastics and arts and crafts to 3-5 year olds.Ed, age 68, applies but is told he is too old.If he sues under the Age Discrimination in Employment Act, the agency's best defense would be that:

A) they are not subject to the Act since they only have six employees.
B) the agency, as part of state government, is not subject to the Act.
C) this is not a salary dispute.
D) Ed is not able to do gymnastics.