44 CFR § 7.922
Exceptions to the rules against age discrimination: Reasonable factors other than age
May 13, 2020
A recipient is permitted to take an action otherwise prohibited by §7.920 which is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages 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.