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Employment Practices Liability

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Understanding Employment Practices Liability

Businesses can face employment-related allegations from employees, former employees, and in certain circumstances, job applicants or other third parties.

Claims may involve allegations of discrimination, harassment, wrongful termination, retaliation, or other employment-related violations.

Employment Practices Liability Insurance, commonly known as EPLI, is designed to provide protection for certain employment-related claims and associated defense expenses.

Why Employment Liability Matters

Employment decisions involve significant responsibilities for employers and managers.

Hiring, compensation, promotions, discipline, performance evaluations, scheduling, and termination decisions can all potentially lead to disputes.

Even when an employer believes it acted appropriately, defending an employment-related allegation can require substantial legal and management resources.

Discrimination Claims

Employment discrimination allegations can involve hiring, compensation, promotion, termination, workplace treatment, or other employment decisions.

Claims may allege discrimination based on characteristics protected by applicable federal, state, or local laws.

Consistent employment practices, proper documentation, management training, and effective workplace policies can help businesses manage these exposures.

Harassment Claims

Workplace harassment allegations can create significant financial and reputational concerns.

Businesses should establish clear policies addressing inappropriate workplace behavior and explain how employees can report concerns.

Managers should understand how to respond to complaints and when matters should be escalated to human resources or senior management.
EPLI may provide coverage for qualifying harassment claims.

Wrongful Termination

Employees may allege that they were terminated improperly or in violation of applicable employment laws, policies, agreements, or other protections.

Documentation of performance concerns, disciplinary actions, policy violations, and the reasons for employment decisions can be important.

EPLI may provide coverage for qualifying wrongful termination claims and associated defense costs.

Retaliation Claims

Employees may allege retaliation after reporting workplace concerns, participating in an investigation, filing a complaint, or engaging in another protected activity.

Employers should carefully document employment decisions and ensure that managers understand company policies.

EPLI may provide protection for qualifying retaliation allegations.

Hiring and Employment Decisions

Employment liability can begin before an employee is hired.

Applicants may raise allegations involving recruiting, interviews, hiring decisions, background checks, or other employment practices.

Once employees join the organization, decisions involving compensation, promotions, scheduling, discipline, evaluations, and termination can create additional exposure.

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​Legal Defense Costs

Employment claims can require substantial legal work.

Attorneys may need to review personnel records, employee communications, policies, performance documentation, and other information.
Defense expenses can accumulate even when an employer ultimately prevails.

EPLI may provide coverage for defense expenses associated with covered claims, subject to the policy's terms.

Third-Party Claims

Some EPLI policies may provide coverage for certain claims brought by individuals who are not employees.

For example, a customer or another third party may allege harassment or discrimination involving an employee.

Businesses should understand whether third-party employment-related claims are covered by their policy and what types of allegations qualify.

​Employment Policies

Clear written employment policies can help establish workplace expectations.

Employee handbooks may address harassment, discrimination, retaliation, workplace conduct, complaint procedures, disciplinary practices, technology use, and other employment matters.

Policies should be reviewed regularly and consistently applied throughout the organization.

Management Training

Managers and supervisors frequently make or influence employment decisions.

Training can help them understand company policies, recognize inappropriate conduct, respond to employee complaints, and know when to involve human resources or senior management.

Consistent application of employment policies is particularly important.

Coverage Considerations

The appropriate EPLI program can depend on the company's size, workforce, industry, locations, hiring practices, employee turnover, management structure, and prior claims history.

Businesses should evaluate whether their limits are appropriate for the potential cost of defending and resolving an employment-related claim.
​
As a company grows, its employment practices exposure can grow as well.

​Protecting the Workplace

EPLI can provide financial protection for certain employment-related allegations.

Insurance should be combined with sound employment policies, effective management training, consistent documentation, and prompt attention to workplace concerns.

A well-managed workplace can help reduce misunderstandings and provide employees and management with clear expectations.

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