The ACORD 58 Employment Practices Liability Application is used to apply for EPLI — insurance that covers claims made by employees or job applicants alleging wrongful employment practices. EPLI covers claims of discrimination, harassment, wrongful termination, failure to promote, retaliation, and other employment-related allegations. It is one of the most important and underused commercial coverages, particularly for small and mid-size employers.
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EPLI is appropriate for any business with employees: • Small businesses with as few as 5 employees have faced significant EPLI claims • Businesses in high-turnover industries (hospitality, retail, healthcare staffing) • Companies that have recently laid off employees or conducted reductions in force • Businesses with rapid growth or significant management changes • Any employer in states with aggressive employment laws (California, New York, New Jersey)
EPLI responds to claims by current employees, former employees, and job applicants alleging:
• Discrimination (based on race, gender, age, religion, disability, sexual orientation, etc.) • Sexual harassment and hostile work environment claims • Wrongful termination (including constructive discharge) • Failure to promote or unequal pay • Retaliation for complaints or protected activity • Breach of employment contract • Negligent evaluation or misrepresentation in employment context
EPLI is almost always claims-made coverage. Like professional liability, the policy in force when the claim is made responds — not the policy in force when the alleged act occurred.
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EPLI underwriters want to know:
• Total number of employees (full-time, part-time, seasonal) • Employee turnover rate • States where employees are located (California exposure is rated higher) • Whether the employer has written employment policies and an employee handbook • Whether supervisors receive regular anti-harassment training • Whether there is a written procedure for employees to report complaints • Number and description of any prior EPLI claims or EEOC charges in the past 5 years • Any pending investigations, lawsuits, or EEOC charges
Standard EPLI covers claims by employees. Third-party EPLI extends coverage to claims by non-employees — customers, vendors, or other third parties who allege harassment or discrimination by the insured's employees.
Third-party EPLI is particularly important for retail, hospitality, and service businesses where employees interact directly with the public. A customer who alleges sexual harassment by an employee could bring a claim that the standard EPLI policy doesn't cover without the third-party extension.
Not offering EPLI to small employers — smaller businesses often face EPLI claims and rarely have it
Not asking about pending EEOC charges or investigations before binding
Forgetting to ask about California employees — California exposure significantly affects EPLI pricing
Not offering third-party EPLI extension for businesses with significant customer interaction
Not advising clients that prior EEOC charges are likely to be excluded from the new policy
Send your client a plain-English intake link. When they finish, the completed ACORD 58 and all required companion forms are generated and ready to submit.