---
kind: "section"
citation: "31 C.F.R. § 23.13"
title: "31"
number: "23.13"
heading: "Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity."
url: "https://uscodex.org/cfr/31/23.13"
---

# §23.13. Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity.


A recipient is permitted to take an action, otherwise prohibited by [§ 23.11](/cfr/31/23.11.md), 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:

- (a) Age is used as a measure or approximation of one or more other characteristics; and
- (b) The other characteristic(s) must be measured or approximated for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and
- (c) The other characteristic(s) can be reasonably measured or approximated by the use of age; and
- (d) **The other characteristic(s) are impractical to measure directly on an individual basis.**

## Notes

### Authority

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

### Source

Source: 82 FR 47108, Oct. 11, 2017, unless otherwise noted.