Does Your Construction Business Need EPLI? – Keith Boyer

The United States Equal Employment Opportunity Commission received 84,254 discriminatory employment practices complaints last year. In addition to lawsuits filed by private citizens, claims filed by federal, state and city regulators are causing more businesses to purchase Employment Practices Liability Insurance (EPLI).

Employment practices liability insurance protects an employer from an employee’s claim alleging discrimination, wrongful termination, emotional distress or harassment, including sexual harassment. While these are the more common exposures, there are additional defined wrongful employment acts.

General liability insurance and workers’ compensation both exclude EPLI related claims. EPLI coverage must be purchased separately.

An EPLI policy can also be purchased including coverage for immigration defense. However, there are only a few carriers offering the coverage, and it may or may not be insurable in all jurisdictions. This policy will cover your construction company if you are investigated for employing undocumented workers. Optional wage hour defense is also available in some cases if an employee makes a claim involving overtime, exempt or non-exempt status.

EPLI will pay for attorney’s fees, court costs, settlements and judgments due to charges brought by current and former full-time, part-time, temporary and seasonal employees, recognized volunteers and applicants for employment.

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