---
kind: "section"
citation: "10 C.F.R. § 1040.87"
title: "10"
number: "1040.87"
heading: "Exceptions to the rules against age discrimination. Reasonable factors other than age."
url: "https://uscodex.org/cfr/10/1040.87"
---

# §1040.87. Exceptions to the rules against age discrimination. Reasonable factors other than age.


A recipient is permitted to take an action otherwise prohibited by [§ 1040.84](/cfr/10/1040.84.md) 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.


## Notes

### Authority

Authority: Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq. ); 45 CFR part 90.

### Source

Source: 50 FR 8089, Feb. 27, 1985, unless otherwise noted.

### Authority

Authority: 20 U.S.C. 1681-1686; 29 U.S.C. 794; 42 U.S.C. 2000d to 2000d-7, 3601-3631, 5891, 6101-6107, 7101 et seq.

### Source

Source: 45 FR 40515, June 13, 1980, unless otherwise noted.