---
kind: "section"
citation: "29 C.F.R. § 35.13"
title: "29"
number: "35.13"
heading: "Exceptions to the rules against age discrimination: reasonable factors other than age."
url: "https://uscodex.org/cfr/29/35.13"
---

# §35.13. Exceptions to the rules against age discrimination: reasonable factors other than age.


A recipient is permitted to take an action otherwise prohibited by [§ 35.10](/cfr/29/35.10.md), 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.


## Notes

### Authority

Authority: 42 U.S.C. 6101 et seq.; 45 CFR Part 90.

### Source

Source: 69 FR 17571, Apr. 2, 2004, unless otherwise noted.