A recipient is permitted to take an action otherwise prohibited by § 4.311 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.
authority: Atomic Energy Act of 1954, secs. 161, 223, 234, 274 (
42 U.S.C. 2201,
2273,
2282,
2021; Energy Reorganization Act of 1974, secs. 201, 401 (
42 U.S.C. 5841,
5891;
29 U.S.C. 794;
42 U.S.C. 12101
source: 29 FR 19277, Dec. 31, 1964, unless otherwise noted.
cite as: 10 CFR 4.314