---
kind: "section"
citation: "10 C.F.R. § 4.314"
title: "10"
number: "4.314"
heading: "Exceptions to the rule against age discrimination. Reasonable factors other than age."
url: "https://uscodex.org/cfr/10/4.314"
---

# §4.314. Exceptions to the rule against age discrimination. Reasonable factors other than age.


A recipient is permitted to take an action otherwise prohibited by [§ 4.311](/cfr/10/4.311.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

### 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.