Cracker Barrel Promises More Training in
Discrimination Settlement
May 5, 2004 (PLANSPONSOR.com) - A Tennessee-based
restaurant chain has agreed to step up its employee
sensitivity training as part of an out-of-court settlement
with the government about customers' claims they were the
victims of racial discrimination.
The settlement between Cracker Barrel Old Country
Store Inc., based in Lebanon, Tennessee, and the U.S.
Justice Department also included a company promise to
take a number of other steps to stem discrimination
against African American customers, the Associated Press
reported.
The agreement, filed in U.S. District Court in
Atlanta, settles a government lawsuit contending Cracker
Barrel violated the 1964 Civil Rights Act by “engaging in
a pattern or practice of discrimination against
African-American customers” at dozens of
restaurants.
The Justice Department found evidence of problems
at more than 50 restaurants involved in its investigation
in Alabama, Georgia, Louisiana, Mississippi, North
Carolina, Tennessee and Virginia. Some 80% of the
employees or former employees interviewed in the probe
said they had witnessed or experienced discriminatory
treatment at Cracker Barrel restaurants, with managers
often directing or condoning the behavior.
Cracker Barrel has been the target of several
lawsuits filed by black customers who say they received
poor service compared with white patrons. Their claims
include exceedingly long waits for tables and being
segregated in restaurants.
Wherever it might exist, such discrimination is
against company rules, the restaurant chain insisted. “We
do not tolerate any form of discrimination,” said Donald
Turner, Cracker Barrel president and chief operating
officer. “It is, and always has been a violation of our
policies and procedures and is neither condoned nor
allowed.”
Cracker Barrel operates 497 restaurants in 41
states. It had had $1.9 billion in sales last
year.
SURVEY SAYS: Have You Gotten Some Investment
Advice?
April 17, 2003 (PLANSPONSOR.com) - Maybe it's just
because it's the cover story for our upcoming May issue, but
it's hard not to take note of the plethora of investment
advice offerings bursting forth like spring flowers. This
week we asked readers about their experiences with investment
advice.
A surprisingly robust
84%
had sampled investment advice of some flavor or other –
though many had done so outside of their own plans.
Of those who had used advice, nearly
41%
had gotten advice in person, compared with
29%
who had accessed online advice only.
Among those relying on online advice was this reader, who
noted
, “I’ve used our website’s education/advice tools but
have taken little heed of the suggested allocation to
bonds. Stocks are cheap and I’ve got a lot of ground to
make up due to dismal personal savings.”
As for the personal touch, one reader noted,
“My wife and I got (c) in person advice for her
retirement plan, and the advisor was nice enough to pick up
the lunch tab.
Thing is, for a 1.6% operating expense on an index fund,
dude had better pick up the lunch tab.”
Roughly
31%
had taken advantage of multiple channels, while none had
gotten advice strictly from a call center or from a
friend/relative/associate (though many had tapped into both
as part of a multiple strategy.)
Oddly (perhaps) a significant number of those who had
received advice had either ignored it – or had only relied
on it for some of their decision.
There were also readers like this one, who had a different
experience:
“I was so busy at the time I didn’t get around to
investing in the recommendations – THANK GOD!
The investments recommended to me were Enron and Global
Crossing.
Needless to say, it was the last time I listened to him.
Unfortunately, some of the people here did take his advice.
They will be working until age 98.”
But this week’s Editor’s Choice goes to what may be the
ultimate advice on advice:
“My approach personally and professionally is to pour
over those performance tables, checking one year, three
year, five year, ten year performance and comparing it to
risk factor.
Then I see if Alan Greenspan has said anything today,
consult CNN on Iraq news, check the astrological tables,
ask my bartender – and leave it where it is.”
Thanks to everyone who participated in our
survey!
The only advice I get is from my wife (c).
We once spoke with an AMEX investment counselor because my
company will give us $250 to pay for an investment
counseling session.
However, we didn't get the feeling during the "free" part
of the interview that the guy would tell us anything we
didn't already know.
Subsequently, we cancelled the $750 in-depth consultation.
I had told him I wanted to know is (a) I was saving enough
in my 401(k) and (b) is there anything else I need to do
OUTSIDE of 401(k), and he never gave me an indication that
he could provide those answers.
Yes, (e) more than one of the above: (a) on-line, (d)
friend/relative/associate.
Now ask me if I took the advice?
-- I took the advice of my mom (smart woman)
-- isn't human nature interesting
No, only my own research and generalized risk/return
classes.
I have worked for this firm for almost 9 years - May 4th
is my anniversary.
I have NEVER received advice/education about the 401(k)
plan that the firm sponsors.
Though brochures, IVR and the Internet are excellent
tools and resources, having someone/anyone come in to
educate me about my plan would be more effective.
Investment Advice/Hot Air (same thing) from both the
Armchair Financial Analysts and so called
professionals.
In response to your Survey question about getting
investment advice from my retirement plan...the only advice
ever offered was via a 3-question risk assessment quiz.
Based on the answer to that quiz, one could allocate their
dollars to any of 5 "Life-style" funds that were
automatically allocated among the 25 funds in the plan.
Not bad...but not REAL ADVICE!!!
I think it's great that plans and funds are getting
themselves together to assist participants in planning and
allocating their money...it's long overdue.
Since we each are responsible to creating our own
retirement funds, we need to be as educated as
possible!!
Thanks for asking the question!!!
NO - our plan does not offer investment advice.
I tend to keep my own counsel.
I don't seek advice although it is out there.
Everything I need to know I learned in Graduate School, not
kindergarten.
The best advice is still buy low, sell high.
e) Over the last few years...and all of it seemed to me
to say I am too conservative with my investments and needed
to be more aggressive.
If I had acted on it, I would have very little retirement
account left.
It is unfortunate that I didn't realize as much gain as I
may have in the late 80s and early to mid 90s, but I guess
I am reaping my harvest in not losing as much now.
Years of reading about investing and my own experience,
some god and some not so good, has taught me all I need to
know at this point.
Other plan participants come to me for investment advice,
which I am very reluctant to give.
I generally recommend Bruce Temkin's The Terrible Truth
About Investing as a good place to begin.
I've tried out some on line advice programs out of
curiosity, and to try to find something that might be
useful for our plan's participants generally, but so far I
haven't found one I thought would be practical.
However, the "on-line advice industry" is still in its
infancy and I think we can expect some decent products over
time.
My answer to this weeks question is: (a). I've used our
website's education/advice tools but have taken little heed
to the suggested allocation to bonds. Stocks are cheap and
I've got a lot of ground to make up due to dismal personal
savings.
Yes, I get advice regularly on my retirement account
investments.
I have an independent financial advisor that helps me make
sure that my money is properly diversified and that the
funds are performing to their benchmarks. I can't imagine
not having an expert help me manage what is potentially my
largest asset.
I guess that makes my answer (c).
a) But we call it Education at Fidelity!
I guess my answer is "c".
I have a financial advisor who handles my funds not in my
retirement 401(k) plan and he has advised me on where to
invest my funds within the plan.
He doesn't make any money off of it, but then he is getting
paid for the other services he does for me so I don't think
it is too much to ask for him to be aware of the whole
picture.
(b)- My personal investments?
Everyone employed at -------- investments wants to give me
advice.
I sure wish I had ignored them 2 years ago.
If I had, those funds would be in as good shape as my mass
mutual account.
My approach personally and professionally, is to pour
over those performance tables, checking one year, three
year, five year, ten year performance and comparing it to
risk factor.
Then I see if Alan Greenspan has said anything today,
consult CNN on Iraq news, check the astrological tables,
ask my bartender, and leave it where it is.
My wife and I got (c) in person advice for her
retirement plan, and the advisor was nice enough to pick up
the lunch tab.
Thing is, for a 1.6% operating expense on an index fund,
dude had better pick up the lunch tab.
Well, of course I have gotten advice and it was online.
I was pleased with it and went back as recently as two
weeks ago.
How satisfied was I?
Mostly I was, but it is always a difficult proposition
because my retirement is a number of years from now--that
will really be the test, won't it?
I was in a unique position, though, since I had gotten
extensive background in the method used, understood the
various factors under consideration, understood and
accepted why a risk questionnaire was not used by the
advice provider, didn't mind inputting my information and
was prepared with my documents.
All these variables need to be clearly explained to gain
someone's trust and I'm not sure how well it can be
communicated to large audiences.
Yes, I did get investment advice on my retirement
account from our CitiStreet (Smith Barney) rep.
This was a few years ago, and I was so busy at the time I
didn't get around to investing in the recommendations -
THANK GOD!
The investments recommended to me were Enron and Global
Crossing.
Needless to say, it was the last time I listened to him.
Unfortunately, some of the people here did take his advice.
They will be working until age 98.
Our plan offers on-line advice through Financial
Engines.
Answer: c
I got in-person advice from a Putnam representative. It
was pretty good.
Constant Retirement advice both online and in the mail
from American Express.
Also, constant reminders from my company on the need to
save for retirement.
Was it helpful or worthy?
Not really.
Aside from the reminders that you need a will, retirement
account, and SS won't exist for you, the information is run
of the mill.
Furthermore, the irony is that the same world of retirement
company's that have consistently lost money over the past
three to five years (either by bad selections, misreading
the financials of companies or listening to Jack Grubman)
are now baiting me to "trust" them with my retirement.
I can lose money by myself just fine.
Kind of like the Iraqi Information minister saying the
coalition was not in Baghdad.
I received investment advice through call center support. I
received advice from one of the online advice providers (I
have actually done quite a bit of testing and sensitivity
analysis on two of them).
I paid for the service personally (it was not provided by my
employer), so I had to do all of the input myself.
The final product was satisfactory, but the experience leads
me to believe that online advice products will never survive.
The products are too complex.
I have a BBA in accounting, have done graduate work in
finance, have 11 professional designations, have built
efficient frontier and stochastic models, provide financial
planning services to individuals, and am responsible for the
investment strategy for over $3 billion in benefit plan and
foundation assets.
I had trouble using the product.
I have many concerns about the advice.
I had to go through several iterations, before I felt
comfortable that I had received a reasonable retirement
forecast (primarily because I knew the answer before I asked
the tool the question).
The few competent enough to use the products don't need to
use the products.
I worry for the rest.
Take the very low usage rates, multiply it by the percentage
that make it through the process, and then multiply that by
the percentage who use it correctly, and you have a very
small percentage of participants who are actually helped by
the products.
However, once their circumstances change (or even, for
example, if the market changes their allocation), they no
longer have a plan that is appropriate for them.
They have to find the time to go back and use the tools
again.
Considering that and the damage done to the participants who
actually used it incorrectly, I can't imagine how the
products can survive.
They were a great idea and are great tools (I will continue
to use them), but they will never overcome the lack of
knowledge, interest, and time on the part of participants.
I think it is time to give up on the education efforts and
self-help tools and concentrate on how we are going to do it
for them.
Thanks for the opportunity to vent...
I've gotten advice that I used from my broker and have
discussed investments with friends and co-workers
informally.
The pension rep for our plan comes to our facility a
couple of times per year to give a market update and
sometimes suggests that we move money based on economic
trends or money manager changes at some of our mutual funds.
He is also always available by phone for personal advice.