§91.13. Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity. — Inbound Citations

The rules stated in this section are limited by the exceptions contained in §§ 91.13 and 91.14 of these regulations.

For purposes of §§ 91.13 and 91.14, the terms normal operation and statutory objective shall have the following meaning:

The burden of proving that an age distinction or other action falls within the exceptions outlined in §§ 91.13 and 91.14 is on the recipient of Federal financial assistance.

If a recipient operating a program or activity provides special benefits to the elderly or to children, such use of age distinctions shall be presumed to be necessary to the normal operation of the program or activity, notwithstanding the provisions of § 91.13.

Any age distinctions contained in a rule or regulation issued by HHS shall be presumed to be necessary to the achievement of a statutory objective of the program or activity to which the rule or regulation applies, notwithstanding the provisions of § 91.13.