C.F.R. » Title 45 » SUBCHAPTER A—GENERAL ADMINISTRATION › PART 90—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart B—What is Age Discrimination?

45 C.F.R. § 90.14

Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

A recipient is permitted to take an action, otherwise prohibited by § 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

(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.

Notes of Decisions
Cited in 2 cases, 1984–2015 · leading case: Stoner v. Young Concert Artists, Inc., 626 F. App'x 293 (2d Cir. 2015).
Sort: Relevance Newest Treatment
Stoner v. Young Concert Artists, Inc., 626 F. App'x 293 (2d Cir. 2015). “45 C.F.R. § 90.14 . Guidance issued by the Department of Health, Education, and Welfare (now the Department of Health and Human Services) explicitly contemplated exceptions for youth organizations.”
Butts, Albert, in No. 84-1736 v. Nat'l Collegiate Athletic Ass'n, Lasalle Univ.. Appeal of Lasalle Univ., in No. 84-1729, 751 F.2d 609 (3rd Cir. 1984). “Nonetheless, the district court concluded that under relevant regulations, 45 C.F.R. § 90.14 (1983), age combined with experience could be legitimately used as measures of the “maturity and level of athletic skill of the athlete.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.