; clarifying that reasonable factors other than age is defense to a disparate impact claim, not an exception to ada coverage Section 304(b)(1) of the Age Discrimination Act of 1975 ( 42 U.S.C. 6103(b)(1) ) is amended by striking involved— and all that follows through the period and inserting involved such action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of such program or activity. . (d) Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) is amended by adding at the end the following: (e) (1) In an action brought by a person aggrieved by discrimination on the basis of disability (referred to in this section as an person aggrieved ) under this section against an entity subject to this section (referred to in this section as a covered entity ) who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this section (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (2) In an action brought by a person aggrieved under this section against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this section (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (3) Equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs shall be available in all cases brought for the failure to provide