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Employment Practices Liability Insurance: Mitigating Risks Due to Harassment, Wrongful Termination, Retaliation

Limitations on Coverage, Loss of Control Over Counsel and Settlement

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 23, 2021

Recorded event now available

or call 1-800-926-7926

This CLE webinar will advise employment counsel and in-house attorneys on the latest developments in employment practices liability insurance (EPLI) and how EPLI can be best utilized to protect an employer's interests. The panel will provide a practical briefing on the types of claims that EPLI can cover when a former employee sues a business and limitations and exclusions that are typical in coverage. The panel will also provide their perspectives for employers negotiating coverage and exclusions and arguing for claims coverage.


The COVID-related economic downturn and employment crisis has created new risks for employers. Employer-friendly retaliation decisions are being reversed at a record pace, with wage and hour litigation exploding and new discrimination claims on the rise. Failing to stay up to speed and accurately assess risk could lead to catastrophic losses, including multi-million dollar verdicts and settlement amounts.

Counsel should be aware of recent and emerging trends in EPLI. Counsel should assess the worst case exposure and the necessary data that employers must evaluate in daily work. Employers will learn to evaluate risks and costs associated with wage and hour litigation, including how to prepare for expanded causes of actions under recent state decisions.

EPLI can also cover cases involving harassment and retaliation claims based on sex and race, and employers must consider the practical impact of the SCOTUS decision on Title 7. Employers' counsel must also consider the evolving legal landscape posed by political developments, policy changes, and balancing religious liberties and freedom of speech. Counsel can use EPLI to determine when policies are advisable or inadvisable for addressing political speech in the workplace and the lawful parameters.

Listen as our expert panel discusses best practices for using EPLI, how it can mitigate risks, and when and if it should be used when former employees bring claims of harassment or retaliation.



  1. Employment practices liability insurance
    1. Assessing worst case exposure
    2. New and emerging trends in damages awards
    3. Reducing the risk and costs of wage and hour litigation
    4. Retaliation claims
    5. EEOC litigation trends and priorities going forward
    6. Discrimination claims
    7. EPL risk management


The panel will review these and other relevant topics:

  • How can counsel and employers assess the worst case of liability exposure to evaluate EPLI needs?
  • How have COVID-related employment decisions changed employer exposures?
  • What are the current trends in employee damage awards?
  • How is EPLI used to reduce risks and costs of wage and hour litigation?
  • What is the best use of EPLI in retaliation claims? In discrimination claims?
  • Can EPLI risk management assist employers in future best practices?


Weimer, Britton
Britton D. Weimer

Founding Partner
Weimer & Weeding

Mr. Weimer is a seasoned commercial attorney, with more than 29 years of litigation experience. His practice...  |  Read More

Johnson, Barbara
Barbara L. Johnson, Esq.


Ms. Johnson's practice focuses on the representation of management in labor and employment matters. She has...  |  Read More

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