[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1625.2]

[Page 309-310]
 
                             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,

[[Page 310]]

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]