Common-Law Exposures
Disparate treatment and disparate impact are two forms of this
What is discrimination?
Bars employers from discriminating against employees over the age of 40 on the basis of age with regard to hiring, discharge, compensation, and other terms, conditions, or privileges of employment.
What is the Age Discrimination in Employment Act (ADEA)?
The single most important variable in determining a rate per employee.
What is location?
What is effective hiring procedures?
Any one of these is typically a covered "wrongful act" in an EPL policy?
What is any of the following:
- Discrimination, Wrongful Termination, Harrassment, Retaliation, or Innappropriate Employment Conduct
The act of terminating an employee in a manner that is against the law.
What is wrongful termination?
Prohibits discrimination by private-sector employers.
What is Title VII of the Civil Rights Act of 1964?
The second most important factor in determining the premium.
What is industry?
All employer-produced written material (e.g., employee handbooks, "at-will" statements, arbitration agreements, benefits descriptions, and HR policies) should be reviewed by this professional.
Who is legal counsel?
Virtually all EPL policies treat defense costs this way.
What is inside the limit or reduce the limit of insurance?
Two types of this exist in the workplace - quid pro quo and hostile environment.
What is sexual harrassment?
Forbids employers from discriminating against a "qualified individual" with a "disability" when the discrimination is based on the individual's disability.
What is the Americans with Disabilities Act (ADA)?
Underwriters carefully assess this since unfavorable trends in this area could indicate employee morale and/or management problems.
What are termination rates?
This is the most important measure in preventing sexual harassment claims.
What is having and enforcing a written sexual harrassment policy?
Most carriers prefer to have this provision on the policy because they don't feel comfortable with the insured selecting proper counsel.
What is duty to defend?
This exposure occurs when an employee is treated adversely after asserting their rights to be free from discrimination, harassment, or other protected activities.
What is retaliation?
Requires businesses with 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for qualified family and medical emergencies
What is the Family Medical Leave Act?
The single most important human resources-related procedure considered by EPL underwriters is that pertaining to this.
What is termination?
Any one of these loss contol methods can protect an employer from wrongful termination claims.
What is any of the following:
This coverage is necessary when non employees allege discrimination or harassment?
What is 3rd party employment practices liability?
This type of exposure, which includes numerous types of allegations, can lead to larger damage awards and settlements.
What is inappropriate workplace conduct?
Every state has enacted these, which bar discrimination by private employers against defined categories of individuals. These law are generally broader than their federal counterparts but are not uniform in their protection
What are Fair Employment Practices Laws?
A large percentage of these types of employees can drive up the EPLI premium because they pose a larger income loss in the event of a claim.
What are exempt employees?
Employment law counsel can provide this service to help an employer avoid FLSA violations/wage and hour claims?
What is an audit of internal wage and hour practices?
The manner in which the policy defines this term has an important bearing upon both the scope of coverage provided and when a carrier must be informed of an allegation.
What is claim?