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EPL Covered Acts—Discrimination, Wrongful Termination, and Harassment

Discrimination, wrongful termination, and harassment are three fundamental types of covered acts under an EPL policy. IRMI research analysts Bob Bregman and Sean Jordan, in one of several EPL videos, discuss the coverage afforded for these perils, delving into local, state, and federal laws while also describing some of the classes of workers protected by these laws. With regard to the peril of wrongful termination, Mr. Bregman and Mr. Jordan discuss the issues of constructive discharge and employment contracts, two important aspects to be aware of. Mr. Jordan also makes an important distinction between two different types of sexual harassment: quid pro quo and hostile environment.


EPL Covered Acts—Retaliation, Privacy Violations, and Miscellaneous Perils

In addition to discrimination, wrongful termination, and harassment (three perils that IRMI research analysts Bob Bregman and Sean Jordan discussed in a separate video), the covered acts of retaliation, privacy violations, and other miscellaneous perils are critical aspects of EPL policies. In this video, Mr. Jordan discusses some of the actions that can lead to retaliation claims and explains how policy definitions of "retaliation" should be structured accordingly. Potential overlaps between EPL and cyber-policies are also discussed, as well as examples of what might constitute a "miscellaneous" EPL peril.


EPL Defense Costs and Coverage Provisions

In this video, IRMI research analysts Bob Bregman and Sean Jordan examine several key characteristics of defense costs and related coverage provisions within EPL policies. Examples of covered defense costs are given, and the important distinction is drawn between duty to defend and non-duty to defend policies. Mr. Jordan also discusses another fundamental difference between insurance policies: those that cover defense costs within limits and those that cover defense costs in addition to limits. Defense-related endorsements can be a valuable option for insureds, which is another point that Mr. Jordan touches on.


Third-Party EPL Exposures and Coverage

This video, featuring IRMI research analysts Bob Bregman and Sean Jordan, focuses on what third-party employment practices liability is and some of the most common third-party employment-related exposures. Mr. Bregman then provides examples of third-party EPL claims, enumerates the types of businesses particularly susceptible to them, and clarifies the important distinction between CGL coverage and EPL coverage pertaining to third parties. On the EPL side, Mr. Bregman discusses some of the common methods for obtaining third-party coverage in the marketplace and describes the benefits of having separate insuring agreements to cover the exposure.


Wage and Hour Exposures and Coverage

In this video, IRMI research analysts Bob Bregman and Sean Jordan discuss wage and hour exposures and the coverage options available to address them. Mr. Bregman describes two main categories of wage and hour claims—failure to pay overtime and "miscellaneous" pay practices—as well as endorsement options to cover them. Given the fact that these endorsement options can often times only cover defense costs, Mr. Bregman discusses their resulting limitations from an insured's perspective. Alternatively, Mr. Bregman presents the option of wage and hour indemnity policies, which have their own benefits and drawbacks to insureds. Finally, in order for companies to more clearly understand and also reduce their particular wage and hour exposure, Mr. Bregman discusses the merits of having a wage and hour audit.