§ 35.13. Exceptions to the rules against age discrimination: reasonable factors other than age.
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/us/cfr/t29/s§ 35.13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A 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.