§4.313. Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity.
10 C.F.R. § 4.313
A recipient is permitted to take an action, otherwise prohibited by § 4.311, if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if—
Age is used as a measure or approximation of one or more other characteristics; and
The other characteristic(s) must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and
The other characteristic(s) can be reasonably measured or approximated by the use of age; and
The other characteristic(s) are impractical to measure directly on an individual basis.
Notes, amendments, and revision history
Amendments
[52 FR 25358, July 7, 1987, as amended at 68 FR 51345, Aug. 26, 2003]
Source
Source: 52 FR 25358, July 7, 1987, unless otherwise noted.
Authority
Authority: Atomic Energy Act of 1954, secs. 161, 223, 234, 274 (42 U.S.C. 2201, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 401 (42 U.S.C. 5841, 5891); 29 U.S.C. 794; 42 U.S.C. 12101 et seq.; 44 U.S.C. 3504 note. Subpart A also issued under 42 U.S.C. 2000d through d-7. Subpart B also issued under 29 U.S.C. 706. Subpart C also issued under 42 U.S.C. 6101 through 6107.
Source
Source: 29 FR 19277, Dec. 31, 1964, unless otherwise noted.
Amendments
[52 FR 25358, July 7, 1987, as amended at 68 FR 51345, Aug. 26, 2003]