Cal. Code Regs. tit. 2, § 14084 – Exceptions to the Rules Against Age Discrimination: Normal Operation or Statutory Objective of Any Program or Activity.

(a) age is used as a measure or approximation of one or more other characteristics;
(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;
(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.

It is not a discriminatory practice for a covered entity to take an action, otherwise prohibited by Article 6, 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:

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11136 and 11139, Government Code.

History

1. Renumbering of section 11173 to new section 14084, including amendment of first paragraph and Note, filed 3-19-2024; operative 7-1-2024 (Register 2024, No. 12).