Reasonableness for Free: Why Buy Employment Practices Liability Insurance When EEOC.gov Gives Protection Away?

Authors

Glenn Kramer, Benjamin N. Cardozo School of Law

Abstract

The note argues that employers can effectively mitigate employment litigation risks by adhering to EEOC guidance and implementing anti-discrimination policies, reducing the need for Employment Practices Liability Insurance (EPLI). It emphasizes that the EEOC's free resources, including its Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors, provide clear standards and protections for employers, particularly smaller businesses, to avoid liability in harassment and discrimination cases. By following these guidelines, employers can demonstrate "reasonable care" and create a "safe harbor" against litigation, as supported by landmark Supreme Court rulings such as Faragher v. City of Boca Raton and Burlington Industries v. Ellerth.

Disciplines

Civil Rights and Discrimination | Insurance Law | Law

Recommended Citation

Glenn Kramer, Reasonableness for Free: Why Buy Employment Practices Liability Insurance When EEOC.gov Gives Protection Away?, 3 Cardozo Pub. L. Pol’y & Ethics J. 459 (2005).
Available at: https://larc.cardozo.yu.edu/cplpej/vol3/iss2/12