[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR110.13] [Page 412] TITLE 34--EDUCATION CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION PART 110--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents Subpart B--Standards for Determining Age Discrimination Sec. 110.13 Exceptions to the rules against age discrimination: Reasonable factors other than age. A recipient is permitted to take an action otherwise prohibited by Sec. 110.10 that 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: 42 U.S.C. 6103)