[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR90.14]



[Page 426-427]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 90_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                  Subpart B_What is Age Discrimination?

 

Sec.  90.14  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.  90.12, 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:

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

characteristics; and



[[Page 427]]



    (b) 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

    (c) The other characteristic(s) can be reasonably measured or 

approximated by the use of age; and

    (d) The other characteristic(s) are impractical to measure directly 

on an individual basis.