Employment Practices Liability Claims Trends

Employment Practices Liability Claims TrendsEmployment liability claims are filed every day around the country costing hundreds of thousands of dollars in defense costs each year. While you want to make sure you have the best Champaign Employment Practices Liability insurance available to help keep you protected in the event that a claim is filed against you, you should be aware of the most common claim types being filed.

Genetic Discrimination

In 2009 the Genetic Information Nondiscrimination Act (GINA) came in to effect prohibiting employers from using genetics in employment decisions, classifying employees based on genetics, or even asking for genetic information. This information can sometimes be released with family medical histories and therefore employers are not allows to ask for family medical history or genetic information from applicants as it is a violation of GINA.

Pregnancy Discrimination

The pregnancy Discrimination Act requires that employers allow pregnant individuals to continue working so long as they are able to perform their job. Employers are also not allowed to use an individual’s pregnancy against them in the hiring process.

Illegal Background Checks

When performing background checks on potential employees, employers need to make sure they are in compliance with the Fair Credit Reporting Act. Before a credit report can be requested, the individual must be notified in writing that this report is being checked and used as part of the employment decision. The applicant must then offer written consent in order for the employer to obtain the report.

Unpaid Internships

There are perimeters set by the Department of Labor that determine if an intern really is an intern or if they are considered an employee. Some of these specifications include: education components to the internship, benefits for the intern, whether or not the intern performs duties that would otherwise be done by an employee, and whether or not the inter is guaranteed a paid position at the end of the internship.

At Myers Insurance Group we know how important it is to protect you should an Employment Liability Claim arise. Call us today at 855.534.5707 to find out more information on our Champaign Employment Practices Liability Insurance Policies.

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