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Employment Practices Liability Insurance

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Employment Practices Liability Insurance Provided By Our Agency

Employment-related risks are among a business’s most potentially damaging exposures, often centering around sexual harassment, wrongful termination, or discrimination. Employers of all sizes face potential damage from employment practices liability (EPL) lawsuits, with potential consequences that include financial disaster and/or irreparable damage to an organization’s reputation.

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Retaliation
Wrongful Termination
Harassment
Emotional distress
Discrimination

Retaliation coverage

Risk Factors

In a retaliation claim, the employee alleges that they are being harassed or discriminated against as punishment for speaking out about issues occurring to others in the workplace. Retaliation claims are often related to pay cuts or demotions that had nothing to do with the employee’s overall performance.

Solution

An EPLI can be taken by the business to cover themselves from any damages or claims.

Wrongful termination coverage

Risk Factors

A wrongful termination is any firing that is done in violation of federal, state, or local laws; the terms of an employment agreement; or for reasons that go against public policy.

Solution

An EPLI can be taken by the business to cover themselves from any damages or claims.

Harassment coverage

Risk Factors

The most prevalent type of workplace harassment is of a sexual nature. Sexual harassment entails unwanted sexual advances both physical and verbal in nature. Workplace harassment claims have been steadily rising over the last few years.

Solution

An EPLI can be taken by the business to cover themselves from any damages or claims.

Infliction of mental or emotional distress

Risk Factors

Intentional infliction of emotional distress occurs when the employer purposely causes emotional distress to employees by way of some type of conduct that is not fit for the workplace.

Solution

An EPLI can be taken by the business to cover themselves from any damages or claims.

Discrimination coverage

Risk Factors

There are many types of discrimination that can occur at work; discrimination based on race, religion, sex, disability, age, equal pay, national origin, genetic information, pregnancy, and more.

Solution

An EPLI can be taken by the business to cover themselves from any damages or claims.

What is Employment Practices Liability Insurance?

Employment practices liability insurance, known in the trade as EPL insurance or EPLI, provides coverage to employers (PDF) against claims made by employees alleging:

  • Discrimination (based on sex, race, age or disability, for example)
  • Wrongful termination
  • Harassment
  • Other employment-related issues, such as failure to promote

Large corporations typically have substantial employment practices insurance coverage in place and are prepared to deal with just about any employment lawsuit. However, small or new businesses are often the most vulnerable to employment claims (PDF). That’s because they usually lack a legal department or employee handbook detailing the policies and procedures that guide hiring, disciplining or terminating employees.

How can we reduce Employment Practices Liability?

  1. Review potential loss exposures with your insurance agent and purchase adequate employment practices liability insurance.
  2. Develop an employee handbook detailing your company’s workplace policies including attendance, discipline and complaints. 
  3. Create a job description for each position that clearly defines expectations of skills and performance.
  4. Conduct periodic performance reviews of employees and carefully note the results in the employee’s file.
  5. Develop a screening and hiring program to weed out unsuitable candidates on paper before calling them to interview in person.

What is covered by Employment Practices Liability Insurance?

  • Defense costs (court fees, attorney fees and related costs).
  • Payment of settlements and/or judgments up to the policy’s limits.
  • Any fines or penalties levied by government agencies.

EPLI policies cover business owners as well as directors, officers and managers. Some policies also cover employees. Additionally, you can buy third-party policies to cover claims brought by non-employees, such as clients.

The Importance of Employment Practices Liability Insurance

There has been a rise in U.S. employment dispute claims against businesses of varying sizes and across industries in recent years. Allegations of everything from workplace discrimination and privacy invasion to defamation and retaliation are being reported by employees who believe their rights have been violated. Even the most innocent business owners with sound business practices and personnel policies are vulnerable to claims of intentional and unintentional infractions.

It’s a popular misconception that these lawsuits are covered under Workers’ Compensation Insurance but a separate type of professional liability insurance provides the necessary coverage. The importance of Employment Practices Liability Insurance (EPLI) extends beyond protecting your business’ financial assets in the event that you need to settle a claim or judgment, but it is also critical when one is filed.

The question for any firm is no longer whether it will face an employment practice liability (EPL) claim, but rather, when it will, how much it will cost, and what damage it might cause to reputation and brand image. Standard policies, procedures, and supervisory training are no longer enough to protect companies from the high costs of employment litigation.

Contact us to learn more about the importance of Employment Practices Liability Insurance and additional ways to protect your business today.

Already have Employment Practices Liability Insurance? Switching is easy

It might be time to switch insurers whenever the service that your existing insurer provides doesn’t meet your needs. For example, if you have a poor claims experience or an unexplained rate increase, it might be time to consider other options

If you cancel a previous policy before a new policy is effective, you could run into some serious financial problems.

Contact us today to help you with multiple options to choose from.
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