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Discrimination, wrongful termination and
sexual harassment are prominent among
litigated employment practices. Employers
are being held to higher standards under
numerous employment laws such as the Civil
Rights Act of 1991, the Americans with Disabilities
Act or the New Jersey Law Against Discrimination.
The interpretation of Employment Law by state
and federal courts has expanded both the frequency
and severity of employment claims.
Insurance is available to defray the cost incurred
in defending Employment Practices claims by business
owners and institutions and to pay for damages
resulting from those claims. The cost of defending cases,
the size of settlements and the unpredictability of
having a case go to a jury trial all contribute to the
increasing need for Employment Practices Liability insurance.
Employment Practices Liability policies may differ
significantly from one insurance company to another.
Different companies offer different coverages and
deductibles can vary.
Among important coverage issues are:
- Although Employment Practices Liability insurance
typically provides coverage for claims brought by
employees against other employees or management,
third party coverage is also available for claims
brought by customers, vendors or outsiders... those
other than employees.
- Coverage is available for all "prior acts" instead
of insurance restricted to occurrences that take place
after a designated date (retroactive date).
- Some policies offer the ability to choose
your own attorney or to have input in the
selection of counsel when defending an Employment
Practices Liability insurance claim. As more insurers
enter the Employment Practices Liability insurance
marketplace, various value-added services are being
offered, including:
- Audits of employment practices including
review of handbook, supervisor training, dispute resolution
- Toll free consultation services,
providing insureds with access to Employment Practices
experts, usually attorneys, on employment matters
- Sample documents such as handbooks,
which have been developed to comply with Employment Practices
Liability insurance laws and regulations
- Training and information,
such as newsletters and web sites, to help employers
study current Employment Practices Liability insurance issues
William H. Connolly & Co. advises businesses and institutions on the insurance implications of various employment practices issues including
- Discrimination
- Employment-At-Will
- Quid Pro Quo
- Hostile Work Environment
- Sexual
Harassment
- Wrongful Termination
- Grievance Procedures
- Employee
Handbook
- Federal and state agencies and legislation regarding employment discrimination:
- Equal Opportunity Employment Commission (EEOC)
- Americans With Disabilities Act (ADA)
- New Jersey Law Against Discrimination (NJLAD)
- Title VII of the Civil Rights Act of 1964
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