C.F.R. » Title 34 » CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION › PART 110—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart B—Standards for Determining Age Discrimination

34 C.F.R. § 110.13

Exceptions to the rules against age discrimination: Reasonable factors other than age

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A recipient is permitted to take an action otherwise prohibited by § 110.10 that 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.

(Authority: 42 U.S.C. 6103)
Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: C. Kamps v. Baylor Univ., 592 F. App'x 282 (5th Cir. 2014).
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C. Kamps v. Baylor Univ., 592 F. App'x 282 (5th Cir. 2014). “” 34 C.F.R. § 110.13 . Use of GPA in post-secondary school admission decisions is a reasonable non-age-based factor.”
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