Provide Employment Liability to Employees and Supervisors

Employment Practices Liability (EPL) is a fast growing area of exposure in frequency and severity of lawsuits.  One out of five cases in our court system today is an employment/personnel-related lawsuit.  These claims include, but are not limited to:

• Wrongful Dismissal/Termination
• Sexual Harassment
• Discrimination (sex/gender, race color, national origin, religion, disability, age, veteran status, and other protected classes according to federal, state and local laws)
• Retaliation
• Failure to Hire or Promote
• Negligent Hiring
• Negligent Supervision

Many Emergency Service Organizations (ESO) do not have adequate programs and practices to reduce their exposure to these types of claims. Career, combination and volunteer agencies can all be at risk for EPL claims.  However, the claims stakes are greater as the total number of employees/members increases and as the mix of gender increases.  Generally, courts tell us that organizations can avoid liability for employment practices by taking proactive measures to prevent and promptly correct any workplace wrongdoing.  Thus, the burden falls on the organization to produce hard evidence that it has taken actions to protect its workers and provide a safe and healthy work environment. 

During our discussion, it was noted there were a number of positive practices in place regarding the application and hiring process as well as the existence of written policies and procedures regarding employee expectations/practices.  One area of concern noted was the absence of any supervisory or front-line employee training specific to potential employment liability issues.  It is recommended that some form of training with membership be initiated and frequently revisited to raise the awareness and expectation of members regarding these issues.

Such areas for consideration may include but are not limited to:

• Drug/Alcohol Abuse
• Workplace Violence
• Sexual Harassment
• Discipline
• Performance Evaluations
• Record Keeping

Available Resources

• VFIS Employment Practice Update Newsletters
• Setting Goals for Employment Practice Risk Management
• Equal Employment Opportunity Commission Overview
• Employment Practice Liability Self Assessment