JUL 12, 1996

The Honorable Ernest F. Hollings

United States Senate
125 Russell Office Building
Washington, D.C. 20510-4002

Dear Senator Hollings:

This letter responds to your inquiry on behalf of your

constituent, Mr. XX , concerning coverage of a 401k plan
under the Americans with Disabilities Act of 1990 (ADA). We
apologize for the delay in our response.

Mr. XX letter indicates that he has a hearing

impairment that prevents him from telephonically making changes
to his 401k account. He further indicates that the company
managing the account does not respond to his written requests for
account changes.

If Mr. XX 401k account is a fringe benefit of his

employment, it may be covered under title I of the ADA. Title I
prohibits employers from discriminating on the basis of
disability in employment matters, including fringe benefits and
insurance. Title I requires employers to make reasonable
accommodations to ensure that employees with disabilities have
equal opportunities to participate in fringe benefit programs
with non-disabled employees. A reasonable accommodation in the
situation Mr. XX describes might involve altering account
access procedures to allow written changes rather than telephonic
ones for an individual with a hearing impairment.

Mr. XX employer may not escape its obligation to

provide reasonable accommodation by contracting with another
entity, such as CIGNA, to provide or manage its fringe benefits.
The employer must ensure that the necessary reasonable
accommodations are provided, either by the contractor or by the
employer itself.

cc: Records Chrono Wodatch Hill McDowney FOIA Berger

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To pursue a complaint under title I of the ADA, Mr. XX

may write to: Mr. Godfrey Dudley, Director, Field Management
Programs-East, Equal Employment Opportunity Commission, 1801 L
Street, N.W., Washington, D.C. 20507

I hope this information will be helpful to you when

responding to your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division
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XX
XX
XX
N. CHARLESTON, SC
XX

SEN. ERNEST F. HOLLINGS

SR-125
WASHINGTON, DC
20510-4002

SIR:

I HAVE COME ACROSS A PROBLEM THAT I THINK WOULD BE

OF
INTEREST TO YOU. IT CONCERNS MY 401K PLAN MY
EMPLOYER HAS
CONTRACTED IT TO CONNECTICUT GENERAL LIFE INSURANCE
COMPANY KNOWN AS C I G N A. MY EMPLOYER'S MAIN
RESPONSIBILITY
IS TO MAKE THE REQUIRED SALARY DEFERRAL
CONTRIBUTIONS AS
INDICATED BY ME.
CIGNA HOLDS THE FUNDS IN THE VARIOUS ACCOUNTS
THAT I
HAVE CHOSEN FROM THEIR PROSPECTUS. THE PROSPECTUS
 STATES THAT I CAN MAKE CHANGES AS THE MARKET
FLUCTUATES BY
THE USE OF THEIR 800 PHONE NUMBER.
NOW THIS IS WHERE THE PROBLEM STARTS, I'AM HARD OF
HEARING. SOMETIMES I CAN HEAR AND SOMETIMES I CAN'T.
SEVERAL TIMES I TRIED TO USE THE PHONE BUT I JUST COULD
NOT HEAR WELL ENOUGH. SO I WROTE A LETTER TO C I G N A
EXPLAINING MY PROBLEM TO THEM, TWO LETTERS AND AS
OF
THIS DAY I HAVE NOT GOTTEN AN ANSWER.
I KNOW THERE WAS A DISABILITY LAW THAT WAS PASS,
I BELIVED SOMETIME IN 1994.
IF C I G N A IS NOT ANSWERING TO A CLIENTS PROBLEM, ARE
THEY BREAKING THE LAW? IF NOT I FEEL THE DISABILITY
LAW
COULD USE SOME REVISIONS.

SINCERELY YOURS
XX

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