Is the use of reasonable factors other than age an exception to the rules against age discrimination?

18 C.F.R. § 1309.7
in effectEffective: 2024-07-01
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A recipient is permitted to take an action otherwise prohibited by § 1309.5 which is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.

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