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.
authority: TVA Act of 1933, 48 Stat. 58 (1933), as amended,
16 U.S.C. 831-831dd (1976), and sec. 304 of the Age Discrimination Act of 1975, 89 Stat 729 (1975), as amended,
42 U.S.C. 6103 (1976)
source: 46 FR 30811, June 11, 1981, unless otherwise noted.
cite as: 18 CFR 1309.7