Employment Practices Liability Trends

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As an employer, you care about making your workforce feel valued and managing your organization successfully.

However, even if you do everything you can to ensure smooth relationships with your staff, mitigating employment practices liability losses should remain top of mind.

That’s why it’s crucial for your organization to have EPLI coverage.

Such a policy can offer protection for claims that result from employees alleging various employment-related issues—such as discrimination, harassment and wrongful termination.
 
Apart from securing EPLI coverage, it’s important to stay up to date on the latest EPLI market trends.

By doing this, your organization will have the information needed to respond appropriately and make any necessary coverage adjustments throughout the year.

The ongoing COVID-19 pandemic has forced many organizations to make serious workplace changes—such as having employees work remotely, adjusting office setups or conducting significant staff layoffs or furloughs.

With these changes, EPLI claims have followed.

Some of the most common, pandemic-related EPLI claims include:
 
* Allegations that unsafe working conditions or minimal precautionary measures (e.g., poor sanitation practices, a lack of social distancing protocols or inadequate personal protective equipment) contributed to employees getting sick or dying from COVID-19

* Allegations of retaliation after an objection to unsafe working conditions or workplace exposure to individuals displaying COVID-19 symptoms

* Allegations of disability discrimination related to remote working (e.g., failing to accommodate remote staff or denying employees the option to work remotely)

* Allegations related to employee leave concerns (e.g., forcing staff to take leave, retaliating against employees that take leave due to COVID-19 or not allowing staff to take leave due to COVID-19 altogether)

* Allegations of laying off or furloughing staff without providing proper employment notices

* Allegations of discrimination related to laying off or furloughing employees
 
With these trends in mind, it’s crucial to fully document and review any organizational changes created by the COVID-19 pandemic.

Several social movements have led to an increase in EPLI claims in recent years, including the hashtag MeToo movement and the Black Lives Matter movement.
 
The MeToo movement—which is an anti-sexual harassment campaign that was originally founded in 2006 and has gained significant social media attention since 2017, largely contributed to a 50% rise in sexual harassment lawsuits against employers over the past few years, according to the U.S. Equal Employment Opportunity Commission (EEOC).

This movement emphasizes how important it is for employers to implement effective sexual harassment prevention measures, reporting methods and response protocols. For example: a zero-tolerance policy and a sexual harassment awareness training program.
 
The Black Lives Matter movement—which is a racial justice campaign that was originally founded in 2013 and resurged in 2020 in the form of nationwide protests—has the potential to become a driving factor in race-related workplace discrimination and harassment lawsuits.

This movement makes it increasingly vital for your organization to take steps to promote diversity, acceptance and inclusion in the workplace, as well as take any accusations or reports of racism seriously.
  
Although the EEOC had previously released guidance stating that workplace discrimination and harassment based on sexual orientation, gender identity and gender expression violated Title VII of the Civil Rights Act of 1964, the U.S. Supreme Court just recently confirmed in 2020 that Title VII protects gay and transgender employees from such treatment.

While this is a relatively new development, the Supreme Court’s decision highlights the need for your organization to ensure all LGBTQ+ employees feel properly supported in the workplace.
  
According to the U.S. Bureau of Labor Statistics, the share of employees over the age of 55 in the labor force is expected to rise to nearly 25% by 2024 (up from 13% in 2001).

This demographic shift makes it increasingly important for employers to take steps to minimize the potential for age discrimination issues within the workplace.

The Age Discrimination in Employment Act (ADEA) forbids age discrimination against employees and job applicants aged 40 and over.