by Randy Carey
Absolutely not. Employee benefits have nothing to do with fair lending. If your personnel policy is to waive a fee for employees, then it is an employee benefit.
by John Burnett
I agree with Randy. Before you'd be vulnerable to a fair lending claim for waiving this fee, you'd need to be exposed to a claim for Equal Employment Opportunity violations.
by Andy Zavoina
Not on the fair lending perspective, but I will raise a point with the way the question is worded. While this may have been for clarification, an employee's benefits program should apply to all employees and "non-officer" was noted in the question. A Reg O problem is a benefit that can apply only to officers, and not all employees, such as an interest rate reduction on home loans to SVPs and above. The reverse should hold true here. So I would ensure that the benefit is truly an employee benefit so that it is not somehow negated because it is limited as to applicability.