Things not included in a Business Owner Policy (BOP)
BOPs do NOT cover professional liability, auto insurance, worker’s compensation or health and disability insurance. You’ll need separate insurance policies to cover professional services, vehicles and your employees.
What EPLI covers protection
EPLI provides coverage for legal costs, settlements and judgments that arise from claims of:
- Discrimination, based on age, race, gender and other factors.
- Sexual harassment.
- Wrongful termination—including constructive discharge, in which an employee resigns as a result of the employer creating a hostile work environment; and retaliatory discharge, in which an employee is fired as punishment for engaging in a legally protected activity.
- Breach of employment contract.
- Infliction of emotional distress or mental anguish.
- Failure to employ or promote.
- Wrongful discipline or demotion.
- Mismanagement of employee benefits.
- Defamation.
- Privacy violations.
- Violation of the Family Medical Leave Act or other such laws.
Some policies contain a catch-all category to provide coverage for claims of discrimination based on protected categories (e.g., sexual orientation) that are not covered under federal discrimination statutes, but may be covered by state or local law.
EPLI coverage can also protect the business owner from meritless claims brought by disgruntled employees.
What’s Not Covered
While EPLI covers many areas of employment risk, most policies have certain exclusions, such as violations of the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, Occupational Safety and Health Act (OSHA), and the Employee Retirement Income Security Act (ERISA), as well as claims arising under workers compensation laws. EPLI also will not cover punitive damages or claims resulting from criminal acts. Privacy violations caused by a computer breach also may not be covered by EPLI.