Every employer has some measure of risk exposure to claims based on employment practices liability. Even when a company uses its very best efforts to treat employees fairly and equitably, it may still run afoul of the law or inadvertently cause employees to feel as though they have been mistreated. Here are some examples of employment practices liability claims that are commonly brought against employers.
Allegations of discrimination serve as the basis for many of the most common EPLI claim examples. Discrimination doesn’t mean treating someone differently for no reason. Alleged discrimination is based on treating someone differently based on their membership to a constitutionally protected class; examples include mistreatment because of race, sex, or religious beliefs.
Employees who feel that they have been the victim of sexual harassment in the workplace can bring a claim for costly damages against their employer. In many states, special commissions are appointed to hear cases based on sexual harassment, evaluate their merits, and award damages.
Hostile Work Environment
A working environment in which employees are bullied or verbally abused can give rise to a claim based on creating a hostile work environment. An employer’s awareness of abusive conduct in the workplace creates liability even when an employer or a supervisor is not the actual perpetrator.