ADA charges are ticking upwards. Is your company prepared?

Travelers Risk Management Plus Online® will allow you to lower your risk.

In January 2009, the Amendments to the Americans with Disabilities Act (ADA) went into effect.

Since that time, the Equal Employment Opportunity Commission (EEOC) received a record number of

disability charges in 2009, and in 2010 the increase in disability charges was the largest of any

category - a 17% increase!

If your company has employment practices liability coverage through Travelers Wrap+® or Travelers

Executive Choice+SM you also have resources to help meet the amended ADA via Risk Management Plus

Online. It's available to insureds at no additional charge and includes:

Online training on preventing discrimination with an entire lesson devoted to the new ADA.
Education and information explaining how the ADA affects them.
Self-audit checklists to help them determine how to stay compliant with the ADA.

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A Poster Prohibiting Harassment Is Not Enough
Written exclusively for Chubbworks

A judge slaps a manufacturing employer with $1 million judgment for failing to enforce its posted anti-harassment policy. Learn why the judge found the employer guilty of overlooking egregious discrimination against one of its employees. (read more)

Document Your Hiring Decisions to Avoid Charges of Discrimination
Written exclusively for Chubbworks
An employer will pay $300,000 to settle an EEOC lawsuit alleging racial bias in hiring. What records should employers keep to document their non-discriminatory hiring practices? (read more)

Male-dominated Workplaces - What Are the Risks?
Two recent EEOC lawsuits focus on sexual harassment in workplaces that are traditionally male-dominated. What can employers learn from these two separate lawsuits? (read more)

New COBRA Notices Available on DOL Website
In December, Congress extended COBRA continuation coverage assistance through February 28, 2010. Learn where to find more information on the extension and download updated COBRA notices. (read more)

Obesity, Appearance and Improving Your Workplace
Overweight employees often report workplace discrimination based on their weight, ranging from unkind comments to loss of promotion opportunities. How can employers encourage healthy lifestyles for their employees in a positive manner? (read more)

Worried About Stolen Data? Do a Password Makeover.
A list of 32 million stolen passwords reveals that one in five Internet users choose passwords that a hacker can easily discover by guessing or through software programs. What lesson can employers learn from a study of this stolen list? (read more)

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Rising EPLI Exposures in These Tough Times

Given the challenging economic times, businesses are faced with tough decisions in order to
maintain their operations.  As represented by a Federal Unemployment Rate hovering at 9%, many
American businesses have included employees in their cost cutting measures.  While these staff reductions may be necessary and often imperative, they open those businesses to increased Employment Liability.

With the obvious rise in unemployment, it should be no surprise that Employment Practice claims are on the rise.  In addition to the frequency of EPLI claims, 2009 saw the highest Discrimination Compensatory Awards ever with Median Damages coming in at $317,032 (as reported by EPLI: Jury Award Trends and Statistics 2010 Edition).

Compounding the liability exposure for businesses are recent activities of both Federal and State governments.  The Labor Department recently hired 250 new investigators with the sole function to enforce wage and hour laws.  Also, Tennessee’s Supreme Court recently issued two rulings, the effects of which will likely make it more difficult to have a case dismissed with a summary judgment (Kinsler v. Berkline and Gossett v. Tractor Supply Co).

Given the exposures faced by employers today, it is hard to imagine going without EPLI coverage. 

When you combine the protection provided by an EPLI policy with the benefit of the HR Tools that most carriers provide it should make for a much easier sell to your clients.  Having access to web-based and hotline services will help your insured’s minimize their exposure to loss while providing the comfort of knowing that they are protected should a loss occur.

We multiple carriers that can provide coverage on both a monoline basis and packaged with D&O and Fiduciary coverage based on the needs of your business. 

For more information on this or any of our other products, please contact us soon.

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EEOC Investigations - What every employer should know

Private employers must abide by federal and state laws to protect their employees and potential employees from discrimination on many bases.  Race, color, religion, sex, and national origin are just a few.  Other discrimination issues can include, disability, age, genetics, retaliation, and Fair Labor Standards Act Violations. 

Current and former employees or even job applicants that feel they have been discriminated against on the aforementioned bases can file a complaint with either the EEOC (Equal Employment Opportunity Commission) or their state’s Human Rights Commission.  These government entities enforce federal and state laws that apply to businesses that have as few as 1 employee depending on the law. 

EEOC investigations generally requiring the employer to provide the following:

Submit a statement of position
Respond to requests for information
Permit an on site visit
Provide contact information for or have employees available for witness interviews
This process typically averages 10 months and insurance carrier on average pay $17,000 in attorney fees.

After the investigation is completed one or more of the following will be determined by the

agency:

Letter of Determination stating the reasons the discrimination is believed to have occurred
Invite both parties to join the agency to resolve the matter through conciliation
Notice of Right to Sue if conciliation fails, the EEOC or HRC can file a lawsuit in federal court or allow the plaintiff to file their own suit within 90 days from the date of receipt
Dismissal and Notice of Rights Letter is given to the plaintiff who then has the right to file a lawsuit in federal court within 90 days
Statistics show that 55% of discrimination jury verdicts favor the plaintiffs! 

Purchasing an EPL policy with broad coverage can help assist and defend employers during this process.
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