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Attention employers, big & small!  It's a minefield out there . . . watch out!  Workplace conduct that was considered acceptable - or at least tolerated - just a few years ago, can now land you in court!  

As is often the case with any emerging area of legal liability, some say that it's just another "payday" at the expense of hard-working businesspeople, while others say that too many are still getting away with outrageous - and illegal - conduct.

Do you want my opinion?  It's my Web Site, so you're going to get my opinion whether you want it or not!  The truth lies somewhere in-between. 

Some of the allegations most definitely seem to smack of legal opportunism; indeed, the employee's version of "ambulance chasing".  On the other hand, I often read of incidents that make me think, "what the heck was he/she/they thinking when they did that?  That employer deserves to be hauled into court!  Behavior of that sort is simply unacceptable in any sort of polite society - it's just common sense!"

Certainly, recent current events on the national level have brought the issue of workplace conduct to the forefront.  I suppose the "watershed" event was the confirmation hearing on Justice Clarence Thomas' nomination to the Supreme Court. 

Regardless of whether you believe Anita Hill's allegations or not, the nationally televised hearings - and the manner in which the Senate Judiciary Committee handled the situation - changed the landscape of how we view conduct in the workplace.

More recently, of course, we watched as President Clinton's workplace misconduct landed him in court - a court of law with Paula Jones; and the court of impeachment in the U.S. Senate - not to mention the "court" of public opinion!

Whatever your political stripes, no one can afford to ignore the issue of workplace conduct anymore!  President Clinton, Texaco, Denny's, Baker & McKenzie, Montel Williams, Microsoft . . . the "battlefield" is littered with big names, but also with all sorts of small-to-medium sized businesses.

Millions of dollars are being awarded - and millions more are being paid in legal fees, lost productivity, and other costs.  Did you know that between 1991-1995, the annual number of sexual harassment cases alone jumped by 125%!   This amounted to over $91,000,000 paid to claimants.  Remember, these figures are only for sexual harassment cases!  Other potential allegations include defamation, wrongful termination, hostile work environment, wrongful failure to promote, unequal pay, wrongful failure to hire, invasion of privacy, racial discrimination, religious discrimination, sexual discrimination, breach of contract, retaliation, quid pro quo . . . . and on, and on!

The median aware for compensatory damages in employment-related discrimination case in 1995 reached $204,310 - an increase of 56% over the year before!   In addition, punitive damages were awarded in 30% of these cases - with a median additional award of $160,000!

No employer, large or small, public or private, for-profit or not-for-profit, can afford to ignore this disturbing trend.  Potentially disastrous consequences face those who assume that, "it can't happen to me."  It can happen to you!   In fact, it could be happening to you right this minute, but you don't know it . . . . YET!

Fortunately, solid protection from this type of lawsuit is now available - and it's very affordable!

A well-designed Employment Practices Liability ("EPL") Insurance policy can cover you and your company against allegations of wrongful termination, sexual harassment, and discrimination, based upon:

Of course, as my mother always says, "an ounce of prevention is worth a pound of cure", and this is so very, very true when it comes to workplace liability issues. 

In fact, a number of insurance companies offer their EPL policyholders loss control programs, designed to help recognize, identify and correct issues which might lead to a claim.   Depending upon the carrier, and the terms of the policy, these services are often offered at greatly reduced rates, or are sometimes provided at no additional charge.

I work with a number of different insurance carriers, actively writing this specialized type of coverage.  Don't let an insurance broker try to tell you that any "one" insurance company does it better than others!  There is no such thing as a "standard" EPL policy.  Each insurer has its own "appetite" for different types of clients. 

Large, small, high-tech, low-tech, professional firm, manufacturer, retailer, wholesaler, telecommunications, etc. etc.  Believe me when I say that I am always amazed at the variations in what different insurance companies feel comfortable with - and when it comes to insurance, an underwriter's comfort level directly translates into better coverage terms, and more competitive pricing.

Give me a call today.   I'd be happy to discuss your particular situation, and see if an EPL policy is appropriate for you.  Feel free to telephone me at 877-320-4061, or click here and fill out a quick and simple form, which will get the ball rolling right now.  Of course, you can also send me an e-mail at insurance@eplinsurance.com.

I look forward to speaking with you soon.

Regards,

Bruce R. Swicker