29 CFR § 1625.2 - Discrimination prohibited by the Act.

---
identifier: "/us/cfr/t29/s1625.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 1625.2 - Discrimination prohibited by the Act."
title_number: 29
title_name: "Labor"
section_number: "1625.2"
section_name: "Discrimination prohibited by the Act."
chapter_name: "EQUAL EMPLOYMENT OPPORTUNITY COMMISSION"
part_number: "1625"
part_name: "AGE DISCRIMINATION IN EMPLOYMENT ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "29 U.S.C. 621-634; 5 U.S.C. 301; Pub. L. 99-502, 100 Stat. 3342; Secretary's Order No. 10-68; Secretary's Order No. 11-68; sec. 2, Reorg. Plan No. 1 of 1978, 43 FR 19807; Executive Order 12067, 43 FR 28967."
regulatory_source: "46 FR 47726, Sept. 29, 1981, unless otherwise noted."
cfr_part: "1625"
---


# 1625.2 Discrimination prohibited by the Act.

It is unlawful for an employer to discriminate against an individual in any aspect of employment because that individual is 40 years old or older, unless one of the statutory exceptions applies. Favoring an older individual over a younger individual because of age is not unlawful discrimination under the ADEA, even if the younger individual is at least 40 years old. However, the ADEA does not require employers to prefer older individuals and does not affect applicable state, municipal, or local laws that prohibit such preferences.

[72 FR 36875, July 6, 2007]