[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR17.311]

[Page 394-395]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR--Table of Contents
 
            Subpart C--Nondiscrimination on the Basis of Age
 
Sec. 17.311  Exceptions to the rules against age discrimination.

    (a) Definitions. For purposes of this section, the terms ``normal 
operation'' and ``statutory objective'' shall have the following 
meaning:
    (1) Normal operation means the operation of a program or activity 
without significant changes that would impair its ability to meet its 
objectives.
    (2) Statutory objective means any purpose of a program or activity 
expressly stated in any Federal, State, or local statute or ordinance 
adopted by an elected, general purpose legislative body.
    (b) Exceptions to the rules against age discrimination: Normal 
operation or statutory objective of any program or activity.

A recipient is permitted to take an action otherwise prohibited by 
Sec. 17.310 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:
    (1) Age is used as a measure or approximation of one or more other 
characteristics; and
    (2) 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
    (3) The other characteristic(s) can be reasonably measured or 
approximated by the use of age; and
    (4) The other characteristic(s) are impractical to measure directly 
on an individual basis.
    (c) Exceptions to the rules against age discrimination: Reasonable 
factors other than age. A recipient is permitted to take an action 
otherwise prohibited by Sec. 17.310 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

[[Page 395]]

bears a direct and substantial relationship to the normal operation of 
the program or activity or to the achievement of a statutory objective.