Workplace discrimination claims are on the rise in the staffing industry, increasing legal and financial risks for staffing firms. Without proper protection, these claims can lead to costly settlements, reputational damage, and regulatory penalties.
As insurance agents, you play a vital role in guiding clients toward employment practices liability insurance (EPLI) to mitigate these risks.
The Growing Risk of Discrimination Claims
Staffing agencies are uniquely vulnerable to workplace discrimination claims due to the nature of their workforce, which often includes temporary employees placed in various industries. Common allegations include hiring bias, wrongful termination, retaliation, and failure to promote.
In fact, the Equal Employment Opportunity Commission (EEOC) received 9% more workplace discrimination-related lawsuits in 2024 than in 2023. Insurance agents must help staffing firms recognize these risks and implement comprehensive employment practices liability coverage to protect against claims.
How Employment Practices Liability Insurance Helps
Employment practices liability insurance provides critical financial protection for staffing firms facing discrimination lawsuits. This coverage typically provides coverage for the following areas.
- Wrongful termination: This insurance protects against claims that employees were fired due to discrimination or without just cause.
- Retaliation: It covers lawsuits where employees allege adverse actions after reporting workplace issues.
- Failure to promote: This coverage also addresses claims related to biased hiring or advancement practices.
- Harassment and workplace misconduct: It provides legal protection when employees or temporary workers file complaints related to hostile work environments.
With employment practices liability coverage, staffing firms can mitigate financial exposure and maintain compliance with labor laws while continuing smooth business operations.
Key Policy Features Insurance Agents Should Highlight
Not all employment practices liability policies offer the same level of protection, making it essential for agents to help staffing firms choose coverage that meets their specific needs. Below are some key policy features agents should include.
Defense Costs Outside Policy Limits
Employment practices liability coverage ensures that legal expenses do not reduce the overall policy limit available for settlements or damages. By covering legal fees separately, staffing firms can maximize their policy’s protection against costly employment claims.
Third-Party Liability Coverage
This insurance protects staffing firms when clients, vendors, or other external entities file claims alleging discrimination, harassment, or wrongful employment practices. It helps staffing firms manage legal costs and settlement expenses, ensuring they remain financially secure while handling disputes beyond employee claims.
Wage and Hour Dispute Coverage
EPLI protects staffing firms against claims related to employee misclassification or unpaid wages. It ensures compliance with wage laws and reduces financial liability.
Breach of Contract Protection
This coverage helps staffing firms handle disputes related to employment agreements, reducing the risk of legal challenges from employees or temporary workers.
Insurance agents should also educate their clients about common exclusions, such as criminal acts, punitive damages, and intentional misconduct, to ensure firms have realistic expectations regarding policy limitations.
Protecting Staffing Firms With Employment Practices Liability Coverage
Here are some steps insurance agents can take to position employment practices liability insurance as an essential investment.
Conduct Risk Assessments
Insurance agents should evaluate staffing firms’ hiring practices, workplace policies, and historical claims data to identify potential vulnerabilities to discrimination lawsuits. By analyzing past claims and compliance records, agents can determine areas where firms may be at greater risk.
Demonstrate Financial Impact
A single discrimination claim can result in extensive legal fees, costly settlements, and reputational harm for staffing firms. EPLI helps mitigate these financial risks by covering defense costs, court-awarded damages, and settlement payments.
Recommend Tailored Employment Practices Liability Coverage
Customizing coverage for your clients also ensures each policy aligns with their workforce structure, industry exposure, and specific operational demands. By tailoring policies, you can help protect them from financial and legal vulnerabilities while strengthening your client relationships.
Contact World Wide Specialty today to explore tailored EPLI solutions that protect your staffing firm clients from costly discrimination claims.
About World Wide Specialty Programs
For the last 50 years, World Wide Specialty Programs has dedicated itself to providing the optimal products and solutions for the staffing industry. As the only insurance firm to be an ASA commercial liability partner, we are committed to that partnership and are committed to using our knowledge of the industry to provide staffing firms with the best possible coverage. For more information about Staffing Professional Liability Insurance or any other coverage we have available to protect your staffing business, give us a call at (877) 256-0468 to speak with one of our representatives.