40 CFR § 7.155
Exceptions to the rules against age discrimination—reasonable factors other than age
June 9, 2020
A recipient is permitted to take an action otherwise prohibited by §§7.140 and 7.145 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.