Coverage
Employment Practices Liability (EPLI)
Defends you against employee claims of wrongful termination, discrimination, harassment and retaliation, plus wage-and-hour defense on many policies.
In plain language
Employment Practices Liability Insurance (EPLI) covers claims from employees, former employees and applicants alleging things like wrongful termination, discrimination, sexual harassment, retaliation or failure to promote.
Home health, hospice and home care agencies face more of these claims than most: high turnover, shift-based scheduling, many hourly caregivers and constant hiring. Caregivers who work alone in clients' homes also create third-party exposure when a client or family alleges harassment or discrimination. Staffing firms carry extra exposure because placed workers can bring claims against both the agency and the client facility.
Look for third-party coverage (claims by patients or clients alleging harassment or discrimination by your staff) and at least some defense for wage-and-hour allegations, which are common in home care.
Typically covers
- Wrongful termination, discrimination and harassment claims
- Retaliation and whistleblower claims
- EEOC and state agency charges
- Third-party discrimination/harassment claims (when included)
- Wage-and-hour defense costs (sublimit, on many policies)
Usually not covered
- Unpaid wages or overtime themselves (only defense, if included)
- Workers' compensation or bodily injury claims
- Intentional violations of law
Coverage depends on the policy form, endorsements and exclusions. We confirm the details in writing before you buy.
FAQ
EPLI questions
Does my general liability policy cover employment claims?
No. Claims brought by employees are excluded from general liability. EPLI is a separate coverage.
What's the difference between EPLI and workers' comp?
Workers' comp covers employees' physical injuries on the job. EPLI covers legal claims arising from the employment relationship: wrongful termination, discrimination, harassment and retaliation. Agencies with employees need both.
Does EPLI cover wage-and-hour claims?
Standard EPLI usually excludes them. Some carriers offer a wage-and-hour endorsement, typically for defense costs, for additional premium. Given how common these disputes are in home care, it's worth discussing.
Can a former employee file an EPLI claim?
Yes. Current employees, former employees and, in some cases, job applicants can all bring claims.
A client asked for a different caregiver, and the replaced caregiver filed a discrimination claim. Is that covered?
This is one of the most common and legally complex situations in home care. When a client's request involves a protected characteristic, how your agency documents and responds matters a great deal. EPLI covers your defense; your operational response affects whether the claim has merit.
Does EPLI cover harassment of a caregiver by a patient?
Some policies include third-party coverage that responds to harassment by clients or patients toward your employees. It isn't standard, so we confirm it, and for in-home care it's especially relevant.
How much EPLI coverage do we need?
Most small and mid-size agencies start at $1 million per claim. Agencies with California operations, larger workforces or prior claims should consider higher limits.
We've never had an employment claim. Do we still need EPLI?
Yes. Your history reflects past decisions, not future exposure. Claims are driven by the number of employment decisions you make, the legal climate in your states and how many employees cycle through. All three run high in home health.
Learn more
Related guides
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