18 CFR § 1309.7
Is the use of reasonable factors other than age an exception to the rules against age discrimination?
April 15, 2021
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.