Just released: How to raise venture capital in 2023

Download

Employment Practices Liability Insurance

Any company with employees faces the risks of allegations, such as discrimination, wrongful termination, breach of contract, etc. This coverage protects companies against lawsuits related to employment practices.

Home » Coverage » Employment Practices Liability Insurance

Who is Employment Practices Liability Insurance for?

Companies with one or more employees face unique challenges to navigate employment-related disputes. Unfortunately, employers can knowingly and unknowingly overstep their employees’ rights in many ways. Employment practices liability insurance (EPL or EPLI) covers businesses against claims that allege employers have violated their workers’ employment rights.

However, some industries are more litigious than others, here are some industries where EPL claims are most prevalent:

Retail

Employees come and go in the retail world, leaving room for plenty of lawsuits.

Manufacturing

It’s common for this industry to face more employment-related lawsuits than other markets.

Healthcare

The ever-evolving healthcare industry opens up many doors for costly employment-related litigation.

Professional Services

Even if allegations against your business have no merit, defense costs quickly eat away at your balance sheet.

Why you need Employment Practices Liability Insurance


Summary

In the US, lawsuits relating to employment practices are increasingly widespread. From harassment to discrimination to wage and hour disputes, these claims are not only popular, but they are easy for employees to file. Unsurprisingly, our government funnels the American workforce toward litigation — and businesses of all sizes must prepare.


Reasons for getting EPL Insurance
finance Protect your company from costly defense fees
ddos attacks Helps manage unavoidable risks of having employees
legal Protects against ever-growing settlement trends
Frequency

Employment-related disputes are surprisingly common. What’s more, the legal and regulatory frameworks of our federal and state governments give employees several ways to take action against their employers.

Legislation

Several statutes create varied sets of broad rules. These include Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), to name a few federal statutes. Many states have even more stringent rules than those outlined by their federal counterparts.

Enforcement

In terms of enforcement, the US government has created the Equal Employment Opportunity Commission (EEOC) to advocate and provide recourse for individuals who feel they’ve been victimized by their employers.

What Does Employment Practices Liability Insurance Cover

If company management is named in the employment-related claim, the insurance company defends and pays the judgment or settlement against them. Even if the allegation is baseless, defense fees can mount quickly until the suit is dismissed. Plus, carriers often offer varying levels of protection; however, a tailored approach is the most effective strategy.


Wrongful Termination

occurs when an employee’s termination breachers one or more terms of a contract of breaks a rule of employment law


Discrimination

unfavourable treatment of an employee, such as failure to promote, based upon sex, race, age, or disability.


Sexual Misconduct or Harassment

involves unwanted sexual advances or obscene remarks to an employee.


Defamation of Character

this happens when a false statement is written or spoken about an employee with the intention of harming their reputation.


Invasion of Privacy

An employee alleges that an employer unreasonably searches their private space , or conducts surveillance in areas where employees expect privacy, such as a dressing room or bathroom.

EPL Insurance Claim Examples

Here are some claim examples that illustrate what Employment Practices Liability Insurance covers

An age discrimination lawsuit was brought by a highly paid 62-year-old sales representative, employed by the YounGuns. He was terminated for not meeting his sales quotas. Despite layoffs and cutbacks at the company, no documentation showed the sales rep was a poor performer. The suit was for $500,000 but was settled for $100,00 plus $15,000 in defense costs.

A group of Indian descent applicants sued a private retail store for ethnic and racial discrimination after learning they had all been denied employment strictly based on their race and ethnic background. The defense cost and settlements amounted to over $200,000.

Several female employees at a dev shop, CodingAndStuff, complained that their CEO was sexually harassing them. As required by law, the President proceeded to investigate the complaints. Within one month of the start of the investigation and without apparent backing of the board members, the President was terminated by the CEO under the pretext of performance issues, despite being given a raise a few months earlier. The President filed a separate wrongful termination suit due to the conflict between the Board of Directors and the CEO. The settlement and Defense Cost exceeded $1,000,000.

The Assistant to the Chief Financial Officer was terminated for divulging confidential information to staff regarding impending company layoffs. A suit was brought by the assistant for retaliation and sexual harassment as she claimed the CFO always made suggestive comments and improperly touched her. Defending the CFO cost over $150,000.

Employment Practices Liability Insurance FAQs

  • Bodily injury
  • Contractual liability and breach of employment contract claims
  • Criminal and fraudulent acts
  • Violation of employment laws and other regulations

The cost of EPL insurance will depend on several things, including the company’s size and the company’s stage of development. Other factors include:

  • Exposures: risks being insured.
  • Company practices: views on safety, compliance, and risk management.
  • Program structure: the amount of deductible and willingness for a company to assume more risk
  • Claims history: the type and amount of past claims against the company

How it works

Finding insurance coverage doesn’t have to be painful. We aim to make the purchasing experience as streamlined & intuitive as possible.

1
Get a quote

Use our custom built online portal to get quotes fast. We automate clerical tasks that plague the traditional insurance brokerages, giving us more time to be responsive and alert to your company’s needs.

1
Get a quote

Use our custom built online portal to get quotes fast. We automate clerical tasks that plague the traditional insurance brokerages, giving us more time to be responsive and alert to your company’s needs.

2
Pair with a specialist

No two organizations are the same. Our team of coverage experts partners with your team to engineer your risk management strategy, together. We take the time to understand the intricacies of your company to get you the best possible coverage.

2
Pair with a specialist

No two organizations are the same. Our team of coverage experts partners with your team to engineer your risk management strategy, together. We take the time to understand the intricacies of your company to get you the best possible coverage.

3
Stay one step ahead

To do better, you need to know better. With changing political, technological, legal and economic landscapes, staying ahead of the curve is critical.

Our in-house team is tapped into the latest developments of your industry, proactively ensuring you’re covered.

3
Stay one step ahead

To do better, you need to know better. With changing political, technological, legal and economic landscapes, staying ahead of the curve is critical.

Our in-house team is tapped into the latest developments of your industry, proactively ensuring you’re covered.

Latest EPL Insurance Insights


epl insurance remote
October 2 • EPLI

Rethinking EPL Insurance in a “Remote World”

COVID-19 induced a massive wave of remote work — but how does this influence employment practices for mid-market and small business? Here's the legal climate...


EPLI coverage
May 5 • Directors & OfficersEPLI

EPL Coverage: How Does Your Employee Handbook Measure Up?

Here’s why every startup or mid-market business should size up their employee handbook against its EPL coverage.


PEO-EPL-Insurance
July 20 • EPLI

5 Reasons Why Your PEO’s EPL Insurance Isn’t Enough

If you use a professional employer organization (PEO), you know the benefits. PEO’s provide convenience by allowing you to outsource your HR duties to them....


EPLI Claims
September 9 • Claims

5 Common Employment Practices Liability Insurance (EPLI) Claims

What exactly does EPLI cover? We examine 5 common claim scenarios.


W vs What is best for your business
June 20 • EPLIWorker's Compensation

Answered: Independent Contractor (1099) or W2 Employee?

Determining what type of labor to use W2 (full time) or 1099 (independent contractors) can be confusing. We break down how to classify your employees,...


courthouse of and employee lawsuit
July 13 • EPLI

My Employee Is Suing Me. What Should I do?

1 in 5 businesses gets hit with a lawsuit from a former or current employee. We discuss the various types of employee lawsuits and actions...