EPLI Coverage Disputes: Making and Resolving Claims; Current Litigation Trends

Employers everywhere are bracing for an increase in employment-related claims, especially for harassment and discrimination, return-to-work policies, and the use of AI in employment and HR decisions, in addition to managing the continuing wave of wage and hour claims. Counsel advising employers and defending claims should be aware of recent and emerging trends in EPLI related to both coverage for the costs of defending a lawsuit as well as for judgments and settlements.

EPLI policies offer coverage for many employee claims, such as sexual harassment, unfair promotion practices, wrongful termination, invasion of employee privacy, illegal background checks, and infringement of religious liberties and freedom of speech. However, EPLI policies can vary widely on fundamental issues such as what acts the policy covers, who are the insureds, and exclusions. 

EPLI is of particular importance in a changing regulatory environment. Employer policies that implemented the priorities advocated by the prior administration may now spawn rather than avert claims. In some cases, protections have been enhanced.

Listen as our expert panel discusses trends and developments in EPLI coverage and best practices for using EPLI to mitigate risk.