Tuesday, November 08, 2005

Employment Related Practices Insurance

In case, you have been putting off talking to your Independent Insurance Agent about that Employment related practices insurance or Union liability insurance he/she has been recommending consider the following:

1. 1991 “Tailhook” convention —— $ 8 million to settle allegations of physical and verbal sexual abuse

2. State Farm —— $157 million to 800 staff employees to settle allegations of failure to pronlote and denial of opportunity

3. IDS Financial Services -- $ 35 million to 32 former employees to settle age discrimination allegations

4. Shoney’s -- $134 million out-of-court settlement arising from race discrimination allegations



Employment Related claims

1. Three of five businesses will be sued this year by an employee or a former
employee over an employment practice

41.5% of all claims-- employers of’ 15 to 100
23.9% of all claims -— employers of 500 or more
18.0% of’ all claims -- employers of’ 101 to 499
16.6% of all claims-- employers of less than 15

2. Employment practices suits account for 20% of all Federal Court filings

3. 56% of all employment practice filings going to trial result in a verdict for the plaintiff employee

4. The average jury award is S250.000, with 15% exceeding $1 million

5. 33% of wrongful termination verdicts have punitive damages equal to or exceeding compensatory damage.

Here are just a few sources of Liability for Employment Related Practices



• Civi1 Rights Act of 1964

• Civil Rights Act of 1991
• Americans With Disabilities Act (ADA)
• Age Discrimination in Employment Act of 1967 (ADEA)

• Worker Adjustment and Retraining Act (WARN)
• Employee Polygraph Protection Act of 1988
• Equal Pay Act
• Older Worker Benefit Protection Act

• National Labor Relations Act

• Uniform Services Employment and Reemployment Rights Act of 1994
• Family and Medical Leave Act (FM LA)
• Fair Labor Standards Act (FLSA)
• Immigration Reform and Control Act

• Occupational Safety and Health Act (OSHA)
• Civil Rights Act of 1866
• Attorneys Fees Award Act of 1976

• Pregnancy Discrimination Act of’ 1978

• State parallel laws
• Local parallel laws

Next time take a few minutes to discuss this with your Independent Insurance Agent.

1 comment:

gary said...

it's expensive being an employer