Employment Practices Liability Policy Feature Checklist
What to confirm in a employment practices liability policy — what's standard, what's often limited, and what to add if needed — plus the gap most often missed.
Pull out your current EPLI policy and check the box next to each feature you can confirm it includes — anything unchecked is worth a quick conversation with your advisor.
Tick each feature you can confirm your policy includes — anything left unticked is a good question for your next policy review.
| Confirm? | Policy feature | What to confirm | Priority |
|---|---|---|---|
| Discrimination, Harassment & Wrongful Termination | The core of the policy — confirm all three are covered for current, former, and prospective employees. | Standard | |
| Retaliation | Covers claims that an employee was punished for complaining or reporting. | Standard | |
| Third-Party Discrimination & Harassment | Covers claims by customers, vendors, or visitors against employees — often excluded unless added. | Often limited | |
| Wage-and-Hour Defense | Usually excluded or limited to a small defense sublimit — confirm the amount. | Often limited | |
| Automated / AI Decision Claims | Confirm claims from AI-assisted hiring, promotion, or termination decisions aren't excluded or unaddressed. | If needed | |
| Prior Acts / Retroactive Date | Confirm the retroactive date covers decisions made before the policy started. | Standard | |
| Consent to Settle (Hammer Clause) | Explains what happens if the employer refuses a settlement the insurer recommends — softer clauses are better. | Often limited | |
| Retention & Choice of Counsel | Confirm the retention per claim and whether the employer can use its own employment counsel. | If needed |
The gap most often missed in this coverage
The most commonly missed gap in this coverage is wage-and-hour. Most EPLI policies exclude wage claims or cover only a small defense sublimit — while misclassification and overtime suits are common and costly. With the EEOC recovering a record $528 million before litigation in 2025, employers should confirm the wage-and-hour sublimit, third-party coverage, and how the policy treats AI hiring decisions.
Send us the checklist and we'll review your employment practices liability coverage line by line, then market it across multiple carriers that compete for your account.
Related: Employment Practices Liability Insurance · Employment Practices Liability Supplemental (apply) · All coverage checklists
Frequently asked questions
What should a employment practices liability policy include?
Standard features to confirm in a employment practices liability policy include Discrimination, Harassment & Wrongful Termination, Retaliation, Prior Acts / Retroactive Date. This checklist also flags the features that are often limited or sublimited and the ones to add if needed, with a plain-English note on each.
Is this checklist insurance advice?
No. It is a free educational tool to help you have a more informed conversation with a licensed professional. It affords no coverage and is not insurance, legal, or financial advice — only your actual policy language governs what is and isn't covered.
Can Cory Washington & Co. review my employment practices liability coverage?
Yes. Share your checklist and we'll review your program line by line, market your account across multiple carriers, and explain the trade-offs in plain English. Cory Washington & Co. LLC is licensed in all 50 states.
This checklist is a free educational tool from Cory Washington & Co. to help you review your own coverage and have a more informed conversation with a licensed insurance professional. It is general information only — not insurance, legal, or financial advice, and not a recommendation to buy, change, or cancel any policy. Coverage terms, availability, limits, and requirements vary by policy, carrier, and state, and only the language in your actual policy governs what is and isn’t covered. Checking or leaving blank any item above does not indicate that you are adequately insured or under-insured. Using this checklist does not create a client, agency, or fiduciary relationship. Always consult a licensed professional about your specific situation.