38 C.F.R. § 18.513 Exceptions to the rules against age discrimination; normal operation or statutory objective of any program or activity.
Title 38 - Pensions, Bonuses, and Veterans' Relief
A recipient is permitted to take an action, otherwise prohibited by §18.511, 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. (Authority: 42 U.S.C. 6101–6107)
Title 38: Pensions, Bonuses, and Veterans' Relief
PART 18—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Subpart E—Nondiscrimination on the Basis of Age
Standards for Determining Age Discrimination
§ 18.513 Exceptions to the rules against age discrimination; normal operation or statutory objective of any program or activity.
