It would be struck down in court after court. As it should be. What one loses with age- and there are losses, is offset with exposure, experience and, if you're smart: accurate analysis of issues.
The losses with age: many suffer diminished ability to quickly recall specifics; often there are many similar issues that one has been exposed to, so the ability to accurately analyze and categorize previous experiences becomes an issue in itself. And there is often some physical accuracy, coordination issues- not really a problem if you're management.
At one point in my flying career, I worked for a man who was late 70s but hale and hearty, could work me, an early-thirties guy physically into the ground, daily. Now, I was flying everyday teaching and he wasn't, but after a 13 hour day I'd be expended and he was till going strong.
His mentation and depth of experience was astounding. When we flew crew together, I was quicker and more accurate, but fractions of a second aren't always decisive- he might land harder out of an auto of whatever type but his analysis of the challenge and response, narrated, was always on the money. You don't build, maintain and fly for 40 years without learning something if you're trying to learn.
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