Business insurance · Employment practices

Employment practices liability insurance in New York

The claim that most often surprises a small-business owner isn't a customer's injury. It's a former employee's complaint to the Division of Human Rights, the EEOC or a lawyer: discrimination, harassment, retaliation, a termination handled badly. New York makes those claims easier to bring than most states, and general liability doesn't cover them. EPLI does. I place it for employers across the Capital Region.

In short

Employment practices liability insurance covers claims by employees and applicants for discrimination, harassment, retaliation, wrongful termination and similar, including the defense costs that make up most of the expense. New York's Human Rights Law applies to employers of any size, its sexual harassment rules require annual training, and claims are common. EPLI is inexpensive for small employers with clean histories.

Why New York employers carry it

  • The Human Rights Law covers everyone. Unlike federal law, which exempts the smallest employers, New York's applies to all employers for harassment and discrimination claims.
  • Mandatory harassment policy and training, annually, for every employee. Not having them is itself evidence in a claim.
  • Long statutes of limitations and a state Division of Human Rights that accepts complaints without a lawyer.
  • Defense costs: even a claim you win costs tens of thousands to defend. EPLI's main value is the lawyer it pays for.

Claims that actually happen to small businesses

ScenarioClaim
A server is let go after complaining about a manager's commentsRetaliation and harassment
An applicant over 50 isn't hired and the job posting said "energetic"Age discrimination
A pregnant employee's hours are cutPregnancy discrimination
An employee returns from leave to find their role changedPFL or disability retaliation
A contractor asks to be reclassified as an employeeWage-and-hour (often sub-limited)
Reduce the risk

What carriers ask for, and what actually helps

A written employee handbook, the state's model harassment policy and annual training, documented performance reviews, consistent discipline, and a call to an employment lawyer before any termination that could be contested. Many EPLI policies include a free HR helpline for exactly that call.

Nonprofit boards: directors and officers (D&O) liability

If you run or sit on the board of a New York nonprofit, the management-liability policy to know besides EPLI is directors and officers (D&O) liability. It pays defense costs and settlements when board members, officers or the organization itself are accused of mismanagement, breach of duty, misuse of funds or a bad decision that cost someone money.

  • The volunteer shield is narrower than it sounds. Not-for-Profit Corporation Law §720-a protects unpaid directors, officers and trustees of 501(c)(3) organizations from liability to outside parties unless their conduct was grossly negligent or meant to cause the harm. It doesn't cover actions brought by the Attorney General or claims by the organization itself, and it doesn't stop a lawsuit from being filed and having to be defended.
  • The law allows insurance to back it up. Section 726 lets a nonprofit buy insurance for its promise to indemnify directors and officers. Where a final judgment finds deliberate dishonesty, or a personal profit the director or officer wasn't legally entitled to, that insurance can pay only defense costs.
  • Check the employment part. Many nonprofit D&O policies are sold as a package with employment practices cover. If yours doesn't include it, staff claims need the EPLI described above.

What I need to quote

  1. Number of employees, turnover, and whether any are in New York City (different rules).
  2. Whether you have a handbook, harassment policy and training records.
  3. Any prior employment claims or complaints.

Request an EPLI quote.

Questions

Common questions

Short answers to what people ask before they call.

Still have a question? Call (518) 902-8822 or book a call.

What does EPLI cover?

Claims by current, former and prospective employees alleging discrimination, sexual harassment, wrongful termination, retaliation, failure to promote, defamation, and related wrongful acts, including defense costs. Some policies add third-party coverage for harassment claims by customers or vendors, and wage-and-hour defense cost sub-limits.

I only have a few employees. Does New York law even apply to me?

Yes. The New York State Human Rights Law covers employers of all sizes for discrimination and harassment, and every New York employer must adopt a sexual harassment prevention policy and provide annual interactive training. Small employers are sued; they simply have less HR support to prevent it.

What's excluded?

Typically wage-and-hour claims (unpaid overtime, misclassification) beyond a defense-cost sub-limit, claims covered by workers' compensation or DBL, ERISA benefit disputes, intentional criminal acts, and fines and penalties. Wage-and-hour is a real gap in New York; ask about the sub-limit.

What does it cost?

For a Capital Region employer with 5 to 25 employees and no prior claims, a $1 million EPLI policy commonly runs from around $1,000 to a few thousand dollars a year, with a deductible of $2,500 to $10,000. Industry, turnover, and whether you have written policies and training all affect it.

Can it be added to my business owners policy?

Many carriers offer an EPLI endorsement on the BOP with modest limits, which is better than nothing for a very small employer. A standalone policy gives higher limits, broader definitions and a duty to defend. I'll show you both.

Get a quote for your business

Tell me what you do, where, and roughly what payroll looks like. Quotes come from the private carriers I represent, usually within days.

Quick replyUsually within 30 minutes during office hours

How should I reach you?

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Service area

Where I work

I'm based in Clifton Park and work in person across six counties, the four on the map plus Warren and Washington, or by phone.

Ibrahim Afyon's four core service counties in New York's Capital Region A north-up map of the four core counties: Saratoga, Albany, Schenectady and Rensselaer. Warren and Washington counties, which I also serve in person, lie to the north and are not drawn. Clifton Park is marked as the office. Other square markers show Halfmoon, Malta, Ballston Spa, Saratoga Springs, Albany, Colonie, Latham, Guilderland, Delmar, Schenectady, Niskayuna, Rotterdam, Troy, East Greenbush and Brunswick. County borders come from NYS GIS; community markers use Census representative locations. Clifton Park — office Clifton Park MY OFFICE Halfmoon — Saratoga County Halfmoon Malta — Saratoga County Malta Ballston Spa — Saratoga County Ballston Spa Saratoga Springs — Saratoga County Saratoga Springs Albany — Albany County Albany Colonie — Albany County Colonie Latham — Albany County Latham Guilderland — Albany County Guilderland Delmar — Albany County Delmar Schenectady — Schenectady County Schenectady Niskayuna — Schenectady County Niskayuna Rotterdam — Schenectady County Rotterdam Troy — Rensselaer County Troy East Greenbush — Rensselaer County East Greenbush Brunswick — Rensselaer County Brunswick Glenville — Schenectady County Glenville Scotia — Schenectady County Scotia Rensselaer — Rensselaer County Rensselaer
Squares mark communities; the double square is my office. County borders are simplified from NYS GIS data; community squares show representative locations.
Saratoga County
Clifton Park · Halfmoon · Malta · Ballston Spa · Saratoga Springs
Albany County
Albany · Colonie · Latham · Guilderland · Delmar
Schenectady County
Schenectady · Niskayuna · Rotterdam · Glenville · Scotia
Rensselaer County
Troy · East Greenbush · Rensselaer · Brunswick

Close to the Clifton Park office: Clifton Knolls, Country Knolls, Rexford, Vischer Ferry, Jonesville, Groom's Corners and Halfmoon across Route 9 — I'll come to you at home.