Current Benefits Landscape Overview Why is it so hard to find benefits options that work for every employee? A big reason is employee motivation—employees with varying backgrounds and experiences value different things. Since there are about five different generations comprising the current workforce, finding a one-size-fits-all benefits solution can be nearly impossible. For instance, younger employees might want more workplace flexibility and voluntary benefits, whereas older employees may be more interested in retirement benefits and health coverage. It can be overwhelming trying to find a single benefits offering that speaks to all age groups. Instead, employers should focus on offering a select number of benefits that align with their various employees’ values. Consider the generations represented within the organization and think about what each is interested in. To better handle this task, employers must first understand each generation and its values. Legal Considerations This toolkit is meant to help employers understand the benefits valued most by each generation they employ. That being said, employers are not allowed to consider the age, race, color, sex, national origin, religion or any other protected characteristic of their employees in connection with their benefits plans. Additionally, HR professionals and others engaged in benefits design decisions should consider conducting an overview of their workforce to ensure benefits offerings do not have unintended discriminatory effects. Employers should consider whether any employees protected by Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, pregnancy discrimination laws, or any other applicable federal or state law may be disproportionately affected by their offerings. Note that it may not be necessary under federal laws to give the same benefits to all employees in every circumstance. In fact, employers in certain circumstances may maintain some discretion when structuring their benefits offerings and may choose to make distinctions among employee segments regarding access to and the level of benefits offered, so long as the distinction has no unintended discriminatory effect and is not made based on a protected characteristic. For example, some employers offer tiered benefits packages that are connected to an employee’s length of service or geographic location without being overtly tied to age, but employers must consult with legal counsel before pursuing such options. Be sure to exercise due diligence to ensure your organization’s benefits offerings are not discriminatory. 4