The discriminating employers guide to ... discrimination

Can employers provide one set of benefits to one group of employees and a different set to another? Short answer: in most cases, yes indeed.

We have all sorts of laws preventing discrimination, but there are many ways employers can permissibly discriminate. Wait, what?  In this titanic episode, Ed and Scott jump into discrimination in the benefits world, and how employers can and cannot legally “discriminate” in their benefits offerings.

• How are regulations around self-insured healthcare benefits and fully insured healthcare benefits different? What does the IRS have to say about it?
• Who is considered a highly compensated individual and why are they suspect? (Hint: Scott’s not one, but he is suspect in other ways.)
• Can the same plan treat different groups of employees differently, and how would the plan be tested?
• Who bears the consequence of impermissible discrimination? Are there any easy ways to negate the problem?
• How do HRAs, FSAs, HSAs and cafeteria plans play into this? And what about dependent care? HIPAA? GINA?
• Why does Scott keep talking about crab cakes?