AKA: Employment Practice Liability!
AKA: Dirty Old Man Insurance!
Holiday parties are supposed to be a time to unwind, a time to reflect, and a time to have fun with co-workers. Unfortunately, some employees seem to feel that a party is a time to act stupid.
In fact, general liability policies often exclude the following:
• Discrimination (failure or refusal to hire or any other wrongful treatment of people based on their race, sex, color, religion, sexual orientation, age, disability or other status that is protected by federal, state, or local statute or ordinance);
• Harassment (of either a sexual or non-sexual nature); and
• Wrongful Termination (any actual or alleged wrongful dismissal, discharge or termination of employment, including breach of contract).
Your reaction to bad behavior may be completely justified; it may even be a smart business decision that would appear to be beyond reproach. But, if you’re challenged and you have to go to court to defend yourself, you’re on your own unless you have Employment Practices Liability Insurance. And the cost of defending these claims can be HUGE! In Fact In Most Cases The Cost Of Defense Is The Greatest Cost!
Do you need this coverage? Honestly, I can’t answer that. I expect you know your office, know your employees and know your “corporate culture”. But look at these cases and ask yourself
“Where would I get the money to pay these claims? Or the money to defend them?”
• Man with foot disability discriminated against and retaliated against by his employer: Jury verdict $500,000 total damages
• Woman who suffered sexual harassment by co-worker: Jury verdict $175,000 total damages
• Sexual harassment of a female worker by her supervisor: $180,000 awarded
• Racial harassment suffered by Jewish worker: $155,000 awarded