A recipient is permitted to take an action otherwise prohibited by § 35.10 if the action reasonably takes age into account as a factor necessary to the normal
operation or the achievement of any statutory objective of a program or activity. An action reasonably takes age into account 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;
(b) The other characteristic(s) must be measured or approximated in order for the normal
operation of the program or activity to continue, or to achieve any statutory objective
of the program or activity;
(c) The other characteristic(s) can reasonably be measured or approximated by the use
of age; and
(d) The other characteristic(s) are impractical to measure directly on an individual
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.