45 CFR 90.15 : Public Welfare (Part 1 To Parts 2557-2599) — (Part 1 To Parts 171-199) — Department Of Health And Human Services (Part 1 To Parts 171-199) — General Administration (Part 1 To § 101.93) — Nondiscrimination On The Basis Of Age In Programs Or Activities Receiving Federal Financial Assistance (§ 90.1 To § 90.62) — What Is Age Discrimination? (§ 90.11 To § 90.16) — Standards For Determining Discriminatory Practices (§ 90.11 To § 90.16) — Exceptions to the rules against age discrimination. Reasonable factors other than age.

4 Aug 2016

A recipient is permitted to take an action otherwise prohibited by § 90.12 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.

45 CFR 90.15