Employment Practices Liability Insurance
Common Definitions, Terms & Conditions

DISCRIMINATION
Actual or alleged failure to hire, or employ an applicant for employment with the Named Insured or the actual or alleged failure to promote, the demotion of, or any other action taken against an Employee with respect to his or her compensation or other terms, conditions, privileges or opportunities of employment because of race, creed, color, national origin, sex, sexual orientation or preference, religion, age, gender, disability or handicap, pregnancy, or other protected class or characteristic established under applicable federal, state or local stature.

WORKPLACE TORTS
Defamation, negligent infliction of emotional distress, invasion of privacy, wrongful, discipline, negligent evaluation, negligent hiring, and other torts arising from the facts or circumstances underlying any claim of Employment Termination, Discrimination or Sexual Harassment. Does not include intentional infliction of emotional distress, outrage, fraud, fraudulent misrepresentation, any tort uninsurable by law and breech of express employment related contract.

SEXUAL HARASSMENT
Allegations of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to such conduct, is made a term and condition of employment, is used as a basis for employment decisions, or, has the purpose or effect of unreasonably interfering with an individual’s work or creating an intimidating, hostile or offensive work environment.

EMPLOYMENT TERMINATION
Termination of an employment relationship where such termination is alleged to be in violation of public policy or in breach an implied agreement to continue employment. Includes actual or alleged Constructive Discharge.

WRONGFUL EMPLOYMENT PRACTICE
Organizational "Entity," Directors & Officers and Employees. The status of an individual as an employee is determined as of the date of the alleged Wrongful Employment Practice.

CLAIM
A judicial or other proceeding commenced against an Insured by or on behalf of a claimant, including any appeal therefrom, or any written demand or notice received by the Insured due to a Wrongful Employment Practice. Does not include any criminal proceeding.

CLAIMANT
An Employee or applicant for employment with the Named Insured or an individual or entity, including the EEOC or other similar state agency acting on behalf of such Employee or applicant.

 

(Back to Insurance Library Index)