Tag Archives: Employment Practices Liability

The overlooked employee lawsuit risk of family-owned businesses

One might think that family-owned and operated businesses would be relatively immune from employee lawsuits, but that’s not the case according to a recent Gen Re article.

The reasons family-owned businesses get sued include: most family owned businesses employ at least one non-relative; the non-relative is likely to be first to be fired when the business is struggling; and family members are reluctant to discipline each other for bad workplace behavior, especially if the family patriarch is the one misbehaving.

The article gives several examples of lawsuits against family businesses and the awards paid out, concluding that a family-owned business would benefit from including employment practices liability insurance (EPLI) as a part of its insurance package.


EEOC: Job Bias Claims Decline in 2013

Job bias charges reported to the U.S. Equal Employment Opportunity Commission (EEOC) dropped to 93,727 in fiscal year 2013, down 5.7 percent from 99,412 charges in 2012, and a 6.6 percent decrease from the record 99,947 charges reported in fiscal year 2011.

But the decline in the number of charges was offset by an increase in the amount of monetary relief obtained for victims.

Monetary relief obtained for victims increased by $6.7 million to $372.1 million – the highest monetary recovery from private sector employers in agency history through its administrative process, the EEOC said.

As in prior years, retaliation under all statutes was the most frequently cited basis for charges of discrimination, increasing in both actual numbers (38,539 up from 37,836) and as a percentage of all charges (41.1 percent up from 38.1 percent) from the previous year.

This was followed by race discrimination (33,068/35.3 percent); sex discrimination, including sexual harassment and pregnancy discrimination (27,687/29.5 percent); and discrimination based on disability (25,957/27.7 percent).

The EEOC noted that both race and disability discrimination increased in percentage of all charges while decreasing in raw numbers from the previous year, while charges of sex discrimination were down by over 2,600 charges.

The EEOC also received 333 charges under the Genetic Information Nondiscrimination Act, which prohibits discrimination on the basis of genetic information, including family medical history.

Despite the overall positive trend, employers should remain vigilant, legal experts say.

In a post  on  legal newsfeed Lexology, Hannesson Murphy, a partner at law firm Barnes & Thornburg, writes:

While employers should be encouraged by current trends, this is no time to let down their guard: EEOC charges remain well above the levels of the mid-1990’s or mid-2000’s, retaliation claims are on the rise, and the EEOC is as active as ever. In short: remain vigilant.†

Check out further I.I.I. facts and statistics on employment practices liability insurance here.