Employment Practices Liability

Employment practices liability insurance for evolving workforce risk

Employment practices liability insurance covers claims by employees alleging discrimination, harassment, wrongful termination or retaliation. It is built for organizations navigating expanding workforce regulation, including state-level biometric privacy laws, pay transparency requirements and evolving remote and hybrid work relationships. Wage and hour exposure generally falls outside this coverage on standard forms and requires a separate, dedicated policy.

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Why It Matters

Workforce regulation is expanding faster than standard employment practices liability (EPL) forms

The employment practices liability environment is shaped by expanding workforce regulation, including state-level biometric privacy laws, pay transparency requirements, expanded harassment and discrimination theories, the use of AI tools in hiring and workforce monitoring and the ongoing evolution of remote and hybrid work relationships. The Illinois Biometric Information Privacy Act (BIPA) alone has produced class action litigation at a scale that has reshaped EPL program structure and pricing for technology and retail organizations.

HUB's Approach

Coverage reviewed against how workforce regulation is evolving

HUB structures employment practices liability coverage to reflect how workforce regulation is evolving, rather than renewing a standard form that hasn't been updated to address current exposure. This includes reviewing an organization's program against the specific state-level requirements that apply to its workforce, not just the regulatory landscape that existed when the policy was first placed.

Because workforce regulation varies significantly by state and continues to evolve — including how remote and hybrid work relationships are treated for employment purposes — HUB's Professional and Executive Risk (ProEx) advisors review an organization's EPL program on an ongoing basis rather than only at renewal. This is particularly relevant for organizations with employees across multiple states or those whose remote and hybrid workforce has grown since coverage was last reviewed.