18 CFR § 1309.7 - Is the use of reasonable factors other than age an exception to the rules against age discrimination?

---
identifier: "/us/cfr/t18/s1309.7"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 1309.7 - Is the use of reasonable factors other than age an exception to the rules against age discrimination?"
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "1309.7"
section_name: "Is the use of reasonable factors other than age an exception to the rules against age discrimination?"
chapter_name: "TENNESSEE VALLEY AUTHORITY"
part_number: "1309"
part_name: "NONDISCRIMINATION WITH RESPECT TO AGE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "TVA Act of 1933, 48 Stat. 58 (1933), as amended, 16 U.S.C. 831-831dd (1976), and sec. 304 of the Age Discrimination Act of 1975, 89 Stat 729 (1975), as amended, 42 U.S.C. 6103 (1976)."
regulatory_source: "46 FR 30811, June 11, 1981, unless otherwise noted."
cfr_part: "1309"
---


# 1309.7 Is the use of reasonable factors other than age an exception to the rules against age discrimination?

A recipient is permitted to take an action otherwise prohibited by § 1309.5 which 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.