Exceptions to the rules against age discrimination: reasonable factors other than age.
29 C.F.R. § 35.13
in effectEffective: 2024-07-01A recipient is permitted to take an action otherwise prohibited by § 35.10, if that action is based on a factor other than age, even though the action may have a disproportionate effect on persons of different ages. An action is 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.
Source: eCFRURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-29.xmlFetched: 7/26/2026
