Risk & Business Magazine JGS Insurance Spring 2021 | Page 14

2021 TRENDS

Trends in 2021 :

Employment Practices Liability

Often , employers are only

as strong as the workforce that they have working for them . In light of that , making employees feel valued and managing the organization in an efficient manner is of the utmost importance to the continued success of the business . Unfortunately , even the best employers , those who do everything they possibly can to ensure smooth relationships with staff , still have to deal with employment practices liability ( EPL ) risks . In 2020 , we saw a huge uptick in events which could affect staff and business operations including the pandemic , social movements , discrimination issues , and marijuana legalization , among others . Knowing what to watch out for and how to deal with potential issues is vital .
The ongoing COVID-19 pandemic has caused many companies to make significant changes to their business structures , whether by choice or by consequence . The changes , by now , should be relatively well known : remote work , adjusting distance from other people , furloughs or layoffs , and personal protection equipment being chief among them .
In terms of potential EPL claims stemming from the pandemic , consider the following allegations :
• Unsafe working conditions or precautionary measures
• Discrimination stemming from layoffs or furloughs
• Layoffs or furloughs without proper notice
• Retaliation after objections to work conditions
• Disability discrimination stemming from remote work
One of the best things an employer can do to begin to offset these risks is to keep full documentation of any changes that are made to the organization because of the COVID-19 pandemic . In many situations , these changes could be the result of government action ( whether at the state or federal level ) and , thus ,
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