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.
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