Employment Practices Liability Insurance Tips

Tips for EPLI Insurance Buyers

• Assess your employee handbook and related policies. Ensure you have all appropriate policies in place, including language on discrimination, harassment and retaliation.
• Implement effective sexual harassment prevention measures (e.g., a zero-tolerance policy and a sexual harassment awareness program), reporting methods and response protocols.
• Promote diversity, acceptance and inclusion in the workplace through routine employee training. Be sure to educate staff on emerging discrimination topics (e.g., pregnancy and size discrimination) and related prevention and response measures. Take any reports of discrimination seriously.
• Document all evaluations, employee complaints and situations that result in employee discipline or termination. • Consult legal counsel for state-specific employee wage and hour guidance, including those regarding pay transparency and wage discrimination laws.
• Evaluate the algorithms for any AI systems utilized within employment processes to prevent discriminatory decisions and ensure compliance with applicable EEOC and state guidance.
• Investigate all claims of harassment in a prompt manner. Furthermore, be familiar with the EEOC’s updated harassment guidance.
• Avoid retaliation claims by ensuring clear, consistent and documented procedures concerning employee feedback, complaint handling and terminations. It’s also important to establish transparent policies, train managers regularly on how to handle complaints, and document performance reviews and complaints in a nonpunitive and objective manner.
• Explicitly address accommodations for pregnancy, childbirth and related medical conditions in organizational policies to avoid PWFA claims. Employees should be made aware of these policies, and HR and managers need to be educated on how to effectively execute requests for accommodations.
• Develop strategies to comply with applicable pay transparency laws. Employers can protect themselves and help ensure compliance with applicable laws by understanding pay transparency requirements, regularly reviewing job postings for accuracy and developing methods for disclosing compensation information.

If you’re ready to shop your employment practices insurance, contact us for a free insurance review and quote.