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58 Cards in this Set
- Front
- Back
What are the four factors that must be considered in determining whether an employee's disability poses a direct threat, either to himself or to others, are:
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1) The duration of the risk
2) The nature and severity of the potential harm 3) The likelihood of the potential harm 4) The imminence of the potential harm |
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What are the different types of discrimination?
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Race
National Origin Sex Age Disability Religion Disparate Treatment and Disparate Impact |
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Charges of __________discrimination have historiclally been a primary charge filed with the EEOC.
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Race
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Charges of discrimination based on __________ are often confused with and overlap with racial discrimination claims.
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National Origin
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An increasing number of national origin discrimination claims involve _________, such as English-only rules. These rules may be legal if they are tailored to meet ________ regulations.
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Language; Safety
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Sex discrimination includes __________, childbirth and related conditions.
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Pregnancy
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Employers may be able to include sex as a _________ for certain jobs.
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BFOQ
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Age discrimination claims are frequently filed by employees after an employer ___________ the workforce.
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Downsizes
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An employer may be required to provide _____________ for a disabled employee if it is not an undue hardship for the employer.
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Reasonable Accommodation
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Discrimination claims can be categorized legally as ___________ and __________.
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Disparate treatment and Disparate Impact
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Disparate impact cases usually involve __________discrimination that is the effect of a seemingly __________ employment policy.
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Unintentional; neutral
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What are the three major exceptions to at-will employement that constitute the basis for illegal discharge:
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1) Breach of an express or implied contract
2) Breach of an implied covenant of good faith and fair dealing 3) Violation of public policy |
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Who are Retailiation claims made by?
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Employees who:
-Oppose Unlawful Discrimination -File Claims for Unpaid Wages -Engage in Union Activities -Exercise Legal Rights -Whistleblowers |
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The EEOC summarizes the three essential components of a retailiation claim as:
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1) Protected Activity - such as providing a testimony
2) Adverse employment action 3) Causal connection between the protected activity and the adverse connection. |
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An action that could dissuade a reasonable person from making or supporting a discrimination charge, and can apply either within the workplace or outside the workplace.
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Materially Adverse
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What is the most disputed element of a retailiation claim?
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Causal connection between the protected activity and the adverse action.
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When an employee contests some unlawful activity, such as complaining about discrimination against himself or other, or threatening to file a charge (even if no charge is ever filed).
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Opposition
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An employee taking part in a proceeding, such as filing a discrimination claim or cooperating in an OSHA investigation.
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Participation
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Retailiation damages:
-Employees may be awarded what under Title VII & ADA and ADEA & Equal Pay Act? |
Title VII & ADA - Compensatory and Punitive Damages
ADEA & Equal Pay Act - Liquidated Damages |
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Workplace Torts include claims such as:
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-Intentional infliction of emotional distress
-Defamation -Misrepresentation -Negligent Hiring |
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This rule relieved an employer from any liability when one employee was injured because of the careless or intentional misconduct of another employee.
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Fellow Servant Rule
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A false communication or statement that damages a person's reputation.
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Defamation
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Types of Defamation:
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Slander and Libel
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Other than Slander and Libel, what is another problematic area regarding defamation claims?
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References
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What is the best defense against a defamation claim?
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The Truth
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Invasion of privacy claims are based on two legal theories:
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Intrusion upon seclusion and public disclosure of private facts.
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These claims arise from disclosing private or confidential information, such as medical records, to other who do not have a legitimate reason to access the information.
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Public disclosure of private facts
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Fraud/Misrepresentation:
To prove their claims, employees must prove three elements: |
1) The employer made a false statement, or misrepresentation, to the employee.
2) The employer knew, or should have known, the statement was false 3) The employee relied on this misrepresentation. |
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Workplace tors are not based on statutory law, but on ___________ that is developed through court decisions.
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Common Law
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When an employee files a charged of sexual harassment, they may also charge negligent supervision, which combines a statutory claims with a _________.
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Tort Claim
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If an employer gives an employee a bad reference, the employee may file a _________ lawsuit.
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Defamation
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When Mary finds out that the entire office heard Mary's Supervisor call her a theif, she may file a defamation claim becuase her reputation was damaged and an __________ claim because she consideres the allegations to be confidential.
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Invasion of Privacy
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Invasion of privacy claims are based on ___________, which involves searching or monitoring employees, and _________, when private or confidential information is disclosed.
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Intrusion upon seclusion; public disclosure of private facts
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____________ claims often involve employees who change jobs based on knowingly false promises made by their new employer.
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Misrepresentation
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Lawsuits alleging _________ are often filed with sexual harassment claims, but the employee must prove the employer's behavior was ________.
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Intentional infliction of emotional distress; outrageous
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Claims of _______ may be difficult to prove and may involve anti-discrimination or public policy issues that protect an employer's decisions.
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Negligent Hiring
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A claim made by an employee.
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First Party Claim
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A claim made by a non-employee, such as a client, customer or vendor
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Third-Party Claim
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Why was third-party coverage added to EPL policies?
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Because these discriminations claims were not covered under CGL policies.
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This typically involves illegal discrimination by banks and mortgage lenders. The term refers to the practice of outlinign certain neighborhoods in red, where loans would not be made or the costs of services would be increased.
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"Redlining"
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What are some EPLI underwriting factors:
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Location
Employees (Number, Type) Industry Salaries and Compensation Financial Condition Claims History |
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What is the most important factor affecting EPL premiums?
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Location
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What is one of the most challenging states to underwrite?
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California
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What determines the initial pricing for the policy?
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Number of Employees
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What are the different types of employees?
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Part Time
Full Time Leased Independent Contractors Seasonal a Combination of the Above |
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What industry has higher frequency/low serverity claims?
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Service industries and retail companies
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What industry has lower frequency/high serverity claims?
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Investment companies and law firms
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What 4 industries ranked the highest in the number of claims per capita?
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Personal service
Transportation services automotive dealtes and service states auto repair, services and parking |
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Industries that have a higher risk of third-party claims?
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Employment agencies, restaurants, hotels and other companies that interact with the public
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EPLI claims industry factors?
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Declining industry sectors
Company Culture |
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Employees with _________ salaries could generate potential claims with larger damages, such as what industry?
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Higher; Law Firms
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Different ways for an underwriter to evaluate a company's claims history?
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Frequency of claims
Costs of settlements and past litigations If any trends are evident Reponses in the form of RM or other actions |
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Why is location a key factor in assessing an appilcant's risk?
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State and local laws often expand the legal protections for employees. An employer's location cna affect the F and S of EPL claims.
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Some factors, regarding layoffs and staff reductions, an UW may want to determine include:
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Date of Layoff
Reason for layoff # of employees affected Criteria for selecting employees to be laid off Disparate impact study Severance package or outplacement services Any claims filed because of the layoff |
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How to underwrite the Corporate Culture:
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-UW may want to meet with the company's Officers and management
-Reading the company's employee manual. |
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How to determine the EPL premium (formula)?
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Base Rate x Modification Factors = Premium
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How to determine the base rate?
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Number of employees x Base Rate
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Factors to determine the EPL premium?
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Employees/Base Rate (BR)
Limits Retention Years in Business Turnover Rate Prior Claims Industry Policies/Handbook Financial Condition Salary Range Location |