[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1252.201]



[Page 242]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1252_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of 

Contents

 

       Subpart 1252.2_Standards for Determining Age Discrimination

 

Sec. 1252.201  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 statute, state statute or local statute 

or ordinance adopted by any elected, general purpose legislative body.

    (b) Normal operation or statutory objective of any program or 

activity. A recipient is permitted to take an action otherwise 

prohibited by Sec. 1252.200 if the action reasonably takes into account 

age as a factor necessary to the normal operation of 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 of 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) Reasonable factors other than age. A recipient is permitted to 

take an action otherwise prohibited by Sec. 1252.200 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.