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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