[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.311]



[Page 403]

 

                    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 bears a direct and substantial relationship to 

the normal operation of the program or activity or to the achievement of 

a statutory objective.