Section 23.13 - Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activityA recipient is permitted to take an action, otherwise prohibited by § 23.11 , 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 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.