EPLI and Defending Against Workplace Harassment and Discrimination

The attorneys at Nardone Limited regularly provide guidance on preventing and responding to workplace harassment and discrimination charges filed with the Equal Employment Opportunity Commission (“EEOC”) or the Ohio Civil Rights Commission (“OCRC”), as well as many other labor and employment and human resource issues.

Do you ever wonder why you frequently see or hear about discrimination and workplace harassment cases in the news? What you may not know is that 75{c91082aefe0e580fe546c40af534787b48cfd474f8c9ab8dac50bf49a7a1c43a} of these cases are groundless. It does not matter whether (i) a complaint filed in court or (ii) a charge filed with EEOC or OCRC involving allegations of discrimination or harassment are true or false, an employer still needs to respond to such complaints and charges. Thus, this is why you need to know how to prevent, manage, and defend against workplace discrimination and harassment. Employment Practice Liability Insurance (“EPLI”) provides an employer with protection and/or coverage for a wide range of employment litigation circumstances, including discrimination and harassment.  We urge you to check your traditional business insurance coverage and or any professional liability insurance as well for any EPLI you might already have.  These also might provide some level of protection against employment claims. But, there are many occasions where your business and professional liability insurances will exclude cases involving allegations of discrimination, including harassment. We would encourage you to look into EPLI coverage and determine what type and amount of coverage is most appropriate for your organization and provides your company with the level of protection that it feels comfortable with. Your insurance representative and legal counsel can assist you on making decisions about EPLI coverage.

Our prior articles regarding: (i) How to establish and enforce harassment policies; (ii) How to prevent claims of harassment; (iii) How to respond to a harassment complaint; (iv) What documentation should be maintained during an investigation; and (v) EEOC statistics for 2014, are helpful to the discussion of defending discrimination and harassment in the workplace.

Contact Nardone Limited

Nardone Limited has conducted many discrimination and harassment investigations for clients and has also defended clients against workplace harassment or discrimination charges filed with the EEOC or the OCRC. A discrimination charge could be the result of a disgruntled current or former employee seeking revenge. All employers must ensure that they are complying with federal and state anti-discrimination laws, including: (i) establishing and enforcing anti-harassment and anti-discrimination policies and procedures; (ii) providing the necessary training on such policies; and (iii) addressing related complaints promptly, thoroughly, and sufficiently to defend against potential discrimination charges or litigation and related liability. If you would like more information on the EEOC or the OCRC, or need advice or representation in an employment dispute, contact one of our employment attorneys.