Employment Practices Liability

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Employment Practices Liability (EPL)

The Employment Practices Liability (EPL) product is specifically designed for a broad range of employers with up to 500 employees and includes coverage for defense costs outside the limit (up to 200 employees), a $100,000 sub-limit for Fair Labor Standards Act claims (including defense costs and loss; state restrictions apply), a broad definition of Wrongful Employment Act, punitive damages (state restrictions apply), and a free human resources hotline (no limit on number and length of calls).  Third party discrimination and harassment option is available to most classes.

Reasons Why to Buy an EPL policy:

  • EPL covers not only actual but also alleged acts of discrimination, harassment, retaliation, wrongful termination and other similar acts.
  • 3 out of 5 employers are sued by former employees every year.
  • Over 40% of EPL claims are against firms with fewer than 100 employees.
  • There is no EPL coverage under other insurance policies such as General Liability (GL).  Any endorsement to another policy generally provides insufficient limits, does not provide the breadth of coverage of a separate EPL policy and erodes the limit available for the GL exposure.
  • Gender discrimination, age discrimination and retaliation claims are on the rise.  There are more women and “baby boomers” in the workplace than ever before.  Recent Supreme Court decisions have lowered the standard of what constitutes retaliatory treatment.

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Claim Examples:

  • A female manager took leave subject to the Family Medical Leave Act (FMLA) upon the birth of her first child.  She was terminated one month after her return to work for poor work performance and the company eliminated her position.  There was no documentation of poor performance prior to her FMLA leave.  She sued the company for discrimination and wrongful termination.
  • An employee of a painting firm complained to management that some of his coworkers were using racial slurs and jokes.  His supervisor transferred him to an inside warehouse position at a reduced hourly rate stating that it would be better for him to work alone rather than be exposed to those workers.  The employee sued for discrimination and retaliation for reporting the discrimination.
  • A blind customer entered a local grocery store with his guide dog.  The manager of the meat/deli department asked the customer to take his dog outside because he thought the dog presented a health hazard. The customer sued for violation of the Americans with Disability Act.

* Insurance varies by state and is NOT available in all states countrywide.


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