[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-8.706-1]



[Page 61]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-8_NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL 

ASSISTANCE--Table of Contents

 

      Subpart 101-8.7_Discrimination Prohibited on the Basis of Age

 

Sec. 101-8.706-1  Normal operation or statutory objective of any program 

or activity.



    A recipient is permitted to take an action, otherwise prohibited, if 

the action reasonably takes into account age as a factor necessary to 

the normal operation or achievement of any statutory objective of a 

program or activity. An action reasonably takes into account age as a 

factor if:

    (a) Age is used as a measure or approximation of one or more other 

characteristics; and

    (b) The other characteristic must be measured or approximated 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 can be reasonably measured or 

approximated by the use of age; and

    (d) The other characteristic is impractical to measure directly on 

an individual basis.