[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1625.2]

[Page 324]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1625_AGE DISCRIMINATION IN EMPLOYMENT ACT--Table of Contents
 
                        Subpart A_Interpretations
 
Sec.  1625.2  Discrimination between individuals protected by the Act.

    (a) It is unlawful in situations where this Act applies, for an 
employer to discriminate in hiring or in any other way by giving 
preference because of age between individuals 40 and over. Thus, if two 
people apply for the same position, and one is 42 and the other 52, the 
employer may not lawfully turn down either one on the basis of age, but 
must make such decision on the basis of some other factor.
    (b) The extension of additional benefits, such as increased 
severance pay, to older employees within the protected group may be 
lawful if an employer has a reasonable basis to conclude that those 
benefits will counteract problems related to age discrimination. The 
extension of those additional benefits may not be used as a means to 
accomplish practices otherwise prohibited by the Act.

[46 FR 47726, Sept. 29, 1981, as amended at 53 FR 5972, Feb. 29, 1988]