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 of 1967, the agency's best defense would be that:

A) they are not subject to the Act since they only have six employees.
B) there is a bona fide seniority system.
C) Ed is not able to do gymnastics.
D) this is not a salary dispute.