EEOC Says ADA Prohibits Release of Disability
Information
September 3, 2004 (PLANSPONSOR.com) - The Equal
Employment Opportunity Commission (EEOC), in an informal
letter to an employer, is asserting that the American
Disability Act (ADA) prohibits employers from disclosing
medical information about applicants and employees.
The letter states that employers are not allowed to
disclose to employees if a coworker has a disability, for
that information is considered confidential and must be
safeguarded by employers. In the instance of the company
corresponding with the EEOC, the employer was askiing about
a worker with Hepatitis C because of concerns the disease
may be passed along to a colleague.
The EEOC, however, did state that there a few rare cases
in which releasing information to employees was allowed
under the ADA. For example, such disclosure was allowed if
it was necessary to provide an ADA-sanctioned
accomodation.
September 2, 2004 (PLANSPONSOR.com) - Believe it or
not, ERISA is 30 years old today, and for several years now,
the day after Labor Day has been tagged as "401(k) Day." This
week we asked readers how they planned to commemorate the
day.
None of this week’s survey respondents were planning a
big celebration, but about
19%
said they did have workplace plans.
Among that group was the reader who said,
“We’re having a 403(b) day (non-profit hospital)
where spokespersons from our TPA will be in to have
one-on-one meetings with employees interested in signing
up.
Also, they will be doing some general group-based
presentations on our program with some videos and free
promotional items (cups, mousepads, pens, etc.).
We have a match on our program after one year has been
satisfied.
Anybody that signs up next week will have that match
waiting period waived.
Doing some raffles with door prizes ranging anywhere from a
free PTO day up to a Disney cruise for 4.
And the cafeteria will be serving only green foods on the
day to symbolize the importance of savings (money).”
Another noted,
“…we will celebrate 100% participation and a 12.5%
average deferral, by sending an e-mail to everyone
encouraging them to review their asset allocation and
consider increasing their deferral rate.
Having a very competitive group of employees, we provide
them their savings rate, as well as the range and average
of others, and a reminder of the simple process to increase
their savings rate.
We will also summarize the investment committee’s
recent review of our core funds, which resulted in changing
one fund that was not performing up to our Investment
Policy guidelines.
We will also announce an upcoming 401(k) asset allocation
education session.”
Another noted that, although their recordkeeper hadn’t
mentioned it,
“…when we became aware of it, we asked them for
suggestions for what we can do.
They created and provided high quality posters for us to
use to announce the day to our employees.
They also provided a selection of articles to use in our
401(k) newsletter that we distribute electronically.
Additionally, they are supplying a click-top ball point pen
for us to distribute to our employees on 401(k) day.
We are crafting a memo to accompany the pen
distribution.”
“We are passing out Special K breakfast bars, along with
communications for good financial health.
We hope to increase participation and gain exposure for our
Plan.
We have several tables set up, across our various
locations,”
commented another.
Additionally, a number of respondents from provider firms
said they had been kept hopping getting promotional
materials out to their plan sponsor clients.
Other Voices
About
10%
were opting for a “moment of silence.”
As one noted,
“We peons will sit around complaining about how
management OUGHT to start having a celebration/observation
of 401k Day.
Nobody here knows much about it, but it sounds like an
opportunity for the company to provide us with that most
treasured employee benefit, free food.”
Yet another responded,
“I anticipated 401(k) Day and made the appropriate
plans.
I have a dentist appointment.”
“Thanks for reminding me of the reason that I live,”
offered another, who went on to note,
“If I can get my nose above the paperwork on my desk, I
will offer thanks (not to Congress, but to a higher power)
and then I will dive once more, unafraid, into plans,
regulations, PLR’s, proposed legislation, continuing
education, and client files.”
Yet another said,
“I opt for a moment of silence followed by soft weeping
as I consider the 19-year passage of my career, youth, and
vitality brought about by this industry.
I will whimsically remember the good old days of the
balance forward plan and the summer fun and frolic with
clients on the golf course as we discussed one time profit
sharing contributions and a goal of having reports by no
later than three months after the plan year end.
I will look fondly and lovingly on my book shelf at the
collection of
The Pension Answer Book
and wonder aloud at how in the heck a Fourth Edition
could be about one inch thick as compared to the 2004
Edition that requires me to wear a truss to pick it up
(never mind the price!).
Another apparently found it difficult to choose a
response because
“…you didn’t say which day next week is designated
as 401(k) day. Please tell us so we can prepare our
celebrations. Second, for those of us in the business, we
should count our blessings for job security in this
industry. Third, for us baby boomers, pray that our 401(k)
grows because we know social security is a black hole!”
Huh?
However, for nearly three-quarters of this week’s
respondents, the answer was “not at all” – and half of
those – a full
33%
of total respondents – had a response that could more
properly be characterized as “Huh?”
That’s right, a significant number had not even heard of
401(k) day.
Here is a sampling:
“401(k) day?
You are kidding, right?
If not, has Hallmark heard about this?”…. “(e) What’s
401(k) day?
Did you just make this up?”…. “Have been involved in
employee benefits for over 20 years and have never heard of
401(k) Day.
Has Hallmark created a line of greeting cards for this day
yet?”…. “I don’t know where I’ve been for the last
seven years I’ve been in this industry – this is a new
one for me!”
And then, there was the reader who said,
“Were they out of their minds when they came up with
this?”
Now, I don’t remember when I first heard of 401(k) day –
but the commemoration, a concept championed by the
Profit-Sharing/401(k) Council of America, is now several
years old.
It wasn’t always “celebrated” on the day after Labor Day.
As I recall, the first year (or two), it was actually held
on 04/01…clever, until you remember that April Fool’s Day
is perhaps NOT the best association for something as
serious as retirement savings.
On the other hand, the passage of ERISA might not be the
most applicable date either.
As one reader reminded us,
“ERISA actually prohibited the establishment of new
cash-or-deferred arrangements.
It was the Revenue Act of 1978 that brought them back with
the addition of Section 401(k) to the Internal Revenue
Code.
Thus, if any day is to be ‘401(k) Day’ it should be
November 6, since the Revenue Act of 1978 was enacted
onNovember 6, 1978
.”
But an even better notion (IMHO) came from the reader
who noted,
“I thought about inserting a stuffer in paychecks this
Friday, even formatted a flier.
But with a newsletter already going into paychecks and
considering that we’re now only 2 months since our last
enrollment period (and closed until December), it didn’t
appear to be the most beneficial or productive moment to
beat the drum.
Perhaps if the ‘holiday’ were in December when most plans
are enrolling, it might be a more useful attention-getter
for the masses.”
LOTS of good Editor’s Choice fodder, obviously.
So much so that this week we’ll hand out a rare “runner up”
award to the reader who said,
“…How shall we celebrate?
Maybe Hallmark can develop greeting cards that are
calculated to be understood by the average plan
participant, but which no one reads.
How about a parade with everyone waving their quarterly
statements, hardship withdrawal forms, and loan agreements?
Maybe a day of amnesty for market-timers, Enron execs, and
those of us who have tried desperately but failed to keep
pace with all the government regulations.”
But this week’s
Editor’s Choice
goes to a reader who is commemorating the event this
year…despite…we’ll let him tell you in his own words:
“Last year we encouraged people to dress as they would
in retirement.
The bikinis and Speedos in the office caused us concern
about violations of our dress code as well as potential
se.xual harassment issues…so we will not be repeating that
as part of 401(k) day this year.”
Thanks to everyone who participated in our
survey!You can find out
MORE
about 401(k) Day at
http://www.401kday.org