41 C.F.R. § 101-8.706-2 Reasonable factors other than age.
Title 41 - Public Contracts and Property Management
(a) A recipient is permitted to take an action, otherwise prohibited by §101–8.706–1, which is based on something other than age, even though the action may have a disproportionate effect on persons of different ages. (b) An action may be based on a factor other than age only if the factor bears a direct and substantial correlation to the normal operation of the program or activity or to the achievement of a statutory objective.
Title 41: Public Contracts and Property Management
PART 101–8—NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart 101–8.7—Discrimination Prohibited on the Basis of Age
§ 101-8.706-2 Reasonable factors other than age.