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:

A) it is not subject to the Act since it only has six employees.
B) the Act only protects people from 40-66 years of age.
C) Ed is not able to do gymnastics.
D) this is not a salary dispute.