What Is Employment Practices Liability Insurance (EPLI)?

Epli Insurance
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The basic goal of employment practices liability insurance (EPLI) is a type of insurance policy that provides coverage to employers against claims made by employees alleging wrongful employment practices, such as discrimination, harassment, or wrongful termination. Without further ado, stay tuned as I extensively explain to you the cost of Epli insurance coverage and the examples of carriers in California.

Epli Insurance Coverage

Most small businesses can buy an employment practices liability insurance policy. On the contrary, companies that don’t have basic HR policies on things like hiring anyone at any time, discrimination, sexual or workplace harassment, and making sure disabled workers can do their jobs may have trouble getting coverage. 

That being said, this kind of insurance might not be a good idea for companies that don’t use job applications, do regular reviews of their employees, or have been sued in the past for unfair hiring practices. In California, employment practices liability insurance (EPLI) affects labor claims by providing you with a source of compensation and by representing your employer throughout the claim.

Examples of Epli Insurance Coverage That Protects Your Business

Employment practices liability insurance policies are written for a wide range of employee workplace claims, such as:

  • Age discrimination
  • Disability discrimination
  • Employee benefits mismanagement
  • Racial discrimination
  • Sexual discrimination
  • Sexual harassment
  • Unequal compensation practices
  • Unlawful compensation policies
  • Violations of the Family and Medical Leave Act (FMLA)
  • Slander and libel
  • Privacy invasion
  • Emotional or mental distress
  • Breach of employment contract
  • Wrongful termination or demotion

In California, the coverage also extends to claims for inappropriate workplace conduct such as defamation, failure to promote, failure to rehire, and a variety of other violations.”  In such cases, your employment practices insurance will provide funds to cover your:

  • Attorney’s fees
  • Settlement costs
  • Legal judgments
  • Administrative and other court costs

Epli Insurance Coverage: Excluded Coverage

Here are some examples of claims that Epli insurance carriers do not cover in California:

  • Civil and criminal fines
  • Punitive damages
  • Wages you should have paid
  • Instances of intentional employer wrongdoing
  • The damage you caused to employee property
  • Alleged injuries to employees
  • Litigation regarding unemployment benefits
  • Disputes surrounding workers’ compensation claims

Epli Insurance Coverage: It is Meant For

If you have workers in your firm, purchasing insurance that covers employment practices liability is a smart move. EPLI is often offered as optional coverage, which means that you will need to add it to the insurance policy that you have for your company. It’s possible that an employment practices liability policy could apply to each and every type of worker you have at your organization, such as those in the following categories:

  • Full-time
  • Independent contractors
  • Part-time
  • Seasonal
  • Temporary
  • Volunteers
  • Former employees
  • Vendors
  • Employment candidates

Epli Insurance Carriers

EPLI is made available to both small and medium-sized enterprises (SMBs) by a number of different carriers. Even if they are settled out of court, EPLI claims can still be expensive. You need to be very knowledgeable about local, state, and federal laws in order to have good job practices, and you also need to have a lot of regulations and instructions that are very well thought out. Therefore, when you are looking for a provider, you should go for one that has a good credit score from a business such as A.M. Best and one that offers HR support services along with EPLI coverage. Both of these things are important to check for.

Epli Insurance Carriers: Examples

The market for acquiring insurance that covers employment activities is actually fairly limited. A consortium of over 20 insurers is responsible for the underwriting of approximately 85% of EPLI policies. That should make it easier to discover the policy that is appropriate for your firm, but if you are still having problems, we recommend that you get an EPLI policy only from an insurance provider that has a rating of at least A from AM Best. AM Best is a credit rating agency that assigns ratings to insurance firms depending on how financially stable they are. Below are a few examples of Epli insurance carriers:

#1. Hartford

Credit rating agencies give Hartford an A grade because it is a big, national carrier. EPLI is generally included in Hartford’s business owner’s policy (BOP). In contrast to other insurance companies, Hartford covers third parties (like customers, vendors, or people invited to a company) who say the business harassed them or treated them unfairly. The Hartford also offers EPLI as separate insurance. Additionally, Hartford’s website, HartfordHelp.com, provides services for prevention and instruction related to EPLI. This site has papers, training, and handbooks for employees.

#2. Amtrust

Amtrust is one of the A- (excellent) AM Best carriers for bad credit. SMBs can get EPLI from Amtrust. Right now, AmTrust writes policies for more than 350 class codes. This means that a lot of small companies can get coverage through Amtrust. It has an online form where you can ask for quotes, and agents are there to help you. In order to help your company be proactive about healthy work habits, Amtrust has a site called Employment Risk Solutions.

#3. CoverWallet

Online insurance company CoverWallet helps small businesses. This is where top carriers like Chubb, Liberty Mutual, and CNA all offer EPLI insurance at competitive rates. Also, CoverWallet provides multiple quotes for many types of insurance policies, such as EPLI, thanks to these agreements. In addition to that, business owners who want to get multiple quotes from reputable carriers before deciding on EPLI insurance should apply through CoverWallet.

#4. State Farm

According to market share, State Farm is the biggest insurance company in the United States. They have the resources to help your small business with employment practice problems. When you buy EPLI insurance from State Farm, you can use a free online service to get professional HR help from the company. As part of this service, you can get advice. You can reach out for help for free by phone or email. It also has online training, over 500 HR papers and handbooks, and information on hiring and firing people.

#5. Nationwide

Nationwide Insurance has an A+ (superior) grade from A.M. Best, which means they are financially strong enough to handle expensive EPLI claims. Like most other companies, agents handle the quoting process. Also, Nationwide has a special website for its EPLI policyholders called Loss Control. On this website, policyholders can find forms, policies, and advice on employment problems. You can also get online training and rules in a handbook. Last but not least, Nationwide has a hotline that connects employers to a national law company that can give them free, private advice on current issues they are facing. This service can be used in more than one language.

In summary, showing a prospective carrier that you’re being proactive in mitigating risk can help with the application process. Written policies for hiring, coaching, internal promotion, antidiscrimination, and termination can help prevent claims. This is why many carriers stress the importance of creating an at-will policy that employees must sign. State laws may vary based on at-will policies, so keep that in mind.

Epli Insurance Cost

According to Binette of AmTrust, “the majority of small businesses consider the premium costs associated with the policy, and they typically select the cheapest option. However, this could be a big mistake.” ”  In the first place, they need to do a risk assessment with an insurance agent or broker who is knowledgeable about EPLI coverage.

After determining the potential illegal behaviors that could have an effect on their firm, the company should have the agent or broker submit their information to several marketplaces and collect quotations so that the company can evaluate the options and choose the one that is the greatest fit for them, he adds.

Epli Insurance Cost: Factors to Consider

The median cost of Epli insurance is $2,185 a year, according to Insureon. Your business’s EPLI insurance costs will depend on factors such as:

  • Number of employees
  • Percentage of employees that turn over or leave your company
  • Your company’s claims history
  • Whether you have established employee rules and practices in place
  • Revenue
  • Hiring and termination practices
  • Industry

You can buy employment practices liability insurance as an endorsement of a business owner’s policy (BOP) or a general liability policy. Standalone policies are also available. For example, Nationwide has a standalone policy that it sells in conjunction with a BOP.

In addition, small businesses may also be able to bundle employment practices liability insurance with directors and officers (D&O) insurance. D&O is another type of management liability insurance that offers financial protection for the directors and officers of a company if employees, customers, or vendors sue them.

Epli Insurance Cost: Best Practices To Lower Cost

To lower your company’s risk of facing the cost of an Epli insurance claim, consider these actions.

#1. Create a Guide for Employees to Follow

Provide specific information regarding the workplace’s policies and processes. Include policies on how to handle complaints as well as disciplinary measures. Additionally, a statement regarding equal employment opportunity should be included in the handbook.

#2. Determine The Job Requirements and Responsibilities

Draft job descriptions for each available position in the organization, being sure to include specifics regarding the expected level of knowledge and output from each candidate.

#3. Perform Reviews of the Performance of the Employees 

It is important to do employee evaluations on a regular basis. Make a notation of the results, and be sure to save them in the employee’s work file.

#4. Candidates for Jobs That aren’t Qualified Should be Avoided

Develop a process for screening and selecting employees that will exclude unqualified job applicants before they are given an opportunity to participate in an interview.

#5. Make Sure Your Application for the Job is Complete and Well-written

Create an application for work and make sure to include a statement on equal employment opportunity. Additionally, a statement indicating that employment will be “at-will” should be included in the application.

A worker is considered to be employed on an “at-will” basis when the terms of their employment can be changed or ended without prior notification, at any time, for any reason. Be certain that the application for employment does not include any age indicators, such as the dates on which the applicant graduated from high school or college. Your business is putting itself at a greater risk of being sued for age discrimination when it uses age markers.

#6. Investigate the History of the situation 

Be sure to investigate the applicants for every position thoroughly by looking into their pasts.

#7. Have a Policy of Absolutely no Tolerance for Any Infractions

Put in place a policy that allows for absolutely no tolerance for any form of discrimination, harassment, or substance misuse. Maintain a policy of open communication so that employees can report infractions without fear of incurring any personal consequences as a result of doing so.

#8. Maintain Accurate Records of Everything

Construct a method of record-keeping to keep track, in real-time, of any problems that may arise with employees and the actions that the organization has taken to address such problems. So, put the above measures into place on your own and with the help of an employment lawyer.

What are the benefits of EPLI insurance? 

One major benefit is that it helps cover significant legal costs and damages associated with certain employment-related claims asserted by current, former, and prospective employees.

What is the difference between employer liability and EPLI?

In general, workers’ compensation and employer’s liability cover the costs of physical injuries, though in slightly different ways, and employment practices liability covers emotional harm and distress to your employees brought on by coworkers or the workplace environment.

Why should an employer have EPLI? 

Because EPLI provides protection against many kinds of employee lawsuits

Does EPLI cover settlements?

EPLI provides coverage for legal costs, settlements, and judgments that arise from claims of discrimination based on age, race, gender, and other factors.

What is the difference between E&O and EPL insurance?

While D&O and E&O insurance policies cover claims made against the business by customers and clients, EPLI covers claims filed from within the company

References

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