Employment Practices Liability Risks During COVID-19

According to the COVID-19 employment law litigation tracker implemented by the Fisher Phillips law firm, smaller employers are in far greater danger of being the targets of COVID-19 workplace litigation, as are healthcare employers and other businesses requiring an in-person workforce. Employers with 50 or fewer employees have been sued at a far greater rate than larger employers, facing a staggering 38 percent of COVID-19-related lawsuits.

As a CAP member, you already receive up to $50,000 for legal defense costs associated with employment-related lawsuits1. While this benefit does help, this may not cover all claims costs.

Risk Management Lessons from Litigated Cases
Get Medicine on Trial, a free publication of more than 80 litigated cases summarized by CAP's General Counsel Gordon Ownby.

Your practice may need to look into Employment Practices Liability Insurance (EPLI). This additional coverage protects you against employee claims alleging wrongful termination, sexual harassment, and discrimination. EPLI can be extended to cover claims made by third parties, such as vendors or employees at a hospital.

You may also add wage and hour coverage that will protect you from employees alleging they did not get breaks, time off, or overtime pay. The FP COVID-19 Employment Litigation Tracker reveals that the most common case type affecting smaller employers are remote work and leave law conflicts.

EPLI will easily pay for itself if you are sued even once. EPLI premiums will vary depending on a number of factors:

The number of employees

The amount of coverage purchased

Whether your company has anti-discrimination and anti-harassment human resources policies in place

Whether your company has had any EEOC complaints or lawsuits filed against it in the past

CAP Physicians Insurance Agency, Inc. (CAP Agency) offers our physician members highly competitive rates for EPLI coverage — provided by an A+-rated carrier. Contact us at 800-819-0061 or email us at CAPAgency@CAPphysicians.com for more information or to request a free, no-obligation quote.   

 

¹Various deductibles and/or exclusions may apply.