10 C.F.R. § 4.313 Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity.
Title 10 - Energy
A recipient is permitted to take an action, otherwise prohibited by §4.311, 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 (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. [52 FR 25358, July 7, 1987, as amended at 68 FR 51345, Aug. 26, 2003]
Title 10: Energy
PART 4—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION
Subpart C—Regulations Implementing the Age Discrimination Act of 1975, as Amended
Standards for Determining Age Discrimination
§ 4.313 Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity.