Micah Skidmore in Business Insurance: ‘Vaccine Mandates May Fuel Rise in Employment Practices Claims’

December 21, 2021
Ongoing uncertainty over COVID-19 vaccine mandates may trigger an increase in discrimination and retaliation claims against employers next year, according to employment practices liability insurance experts.

What the effect will be on employment practices liability coverage, though, remains to be seen.

Amid a patchwork of federal, state, local and employer vaccination policies, accommodation requests from employees have ticked up and further employment practices liability insurance claims are a concern. Legal disputes over the validity of federal mandates are expected to make their way to the U.S. Supreme Court.

Employers facing the prospect of litigation will ask, “Do I have insurance for this?” said Micah Skidmore, partner at Haynes and Boone LLP in Dallas.

Employment practices liability coverage is specific to various wrongful acts listed in a policy, including discrimination, wrongful discharge, wrongful failure or refusal to employ, and wrongful discipline, Mr. Skidmore said.

“Those are some examples of what you might see implicated if you have a claim,” he said.

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