---
kind: "section"
citation: "45 C.F.R. § 90.15"
title: "45"
number: "90.15"
heading: "Exceptions to the rules against age discrimination. Reasonable factors other than age."
url: "https://uscodex.org/cfr/45/90.15"
---

# §90.15. Exceptions to the rules against age discrimination. Reasonable factors other than age.


A recipient is permitted to take an action otherwise prohibited by [§ 90.12](/cfr/45/90.12.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: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.

### Source

Source: 44 FR 33776, June 12, 1979, unless otherwise noted.
