Meyers and Hersch, ‘Employment Practices Liability Insurance and Ex Post Moral Hazard’

Many businesses purchase Employment Practices Liability Insurance (EPLI), a form of insurance that protects them from claims of discrimination, harassment, retaliation, and wrongful termination. But critics of EPLI argue that allowing insurance coverage for employment liability detracts from employment law’s goal of deterrence and from notions of justice. We assess the validity of these criticisms by examining the nature of employment law claims and by reviewing characteristics of the current EPLI market. We find that past critiques miss the mark in diagnosing EPLI’s major problem … (more)

Erin E Meyers and Joni Hersch, Employment Practices Liability Insurance and Ex Post Moral Hazard, Cornell Law Review volume 106, issue 4 (August 2021).

First posted 2021-10-04 16:00:51

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