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I think the only place that the former would be an excuse might be in some sort of film if they’re, you know, scouting for a specific type of, you know, look. Otherwise, in our world outside of the entertainment industry, no, it is not a valid thing to say that. There are certain agencies in the government that are allowed to discriminate on their face. You will see, like the highway patrol or the FBI, and they will say in their postings there are age requirements on how old you have to be when you retire, and how old you can be to be hired.
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San Francisco Employment Attorney, Traci Hinden, discusses how the film industry might be able to use this defense, but not many other industries.