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Code of Federal Regulations Title 45. Public Welfare § 45.91.13 Exceptions to the rules against age discrimination:  Normal operation or statutory objective of any program or activity

Current as of October 02, 2022 | Updated by FindLaw Staff

A recipient is permitted to take an action, otherwise prohibited by § 91.11, 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 in order 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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 45. Public Welfare § 45.91.13 Exceptions to the rules against age discrimination:  Normal operation or statutory objective of any program or activity - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-45-public-welfare/cfr-sect-45-91-13/

Read this complete Code of Federal Regulations Title 45. Public Welfare § 45.91.13 Exceptions to the rules against age discrimination:  Normal operation or statutory objective of any program or activity on Westlaw

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