---
kind: "section"
citation: "18 C.F.R. § 1309.7"
title: "18"
number: "1309.7"
heading: "Is the use of reasonable factors other than age an exception to the rules against age discrimination?"
url: "https://uscodex.org/cfr/18/1309.7"
---

# §1309.7. Is the use of reasonable factors other than age an exception to the rules against age discrimination?


A recipient is permitted to take an action otherwise prohibited by [§ 1309.5](/cfr/18/1309.5.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: TVA Act of 1933, 48 Stat. 58 (1933), as amended, 16 U.S.C. 831-831dd (1976), and sec. 304 of the Age Discrimination Act of 1975, 89 Stat 729 (1975), as amended, 42 U.S.C. 6103 (1976).

### Source

Source: 46 FR 30811, June 11, 1981, unless otherwise noted.