Rplu - Epl Part 2

Front 1

What are the four factors that must be considered in determining whether an employee's disability poses a direct threat, either to himself or to others, are:

Back 1

1) The duration of the risk
2) The nature and severity of the potential harm
3) The likelihood of the potential harm
4) The imminence of the potential harm

Front 2

What are the different types of discrimination?

Back 2

Race
National Origin
Sex
Age
Disability
Religion
Disparate Treatment and Disparate Impact

Front 3

Charges of __________discrimination have historiclally been a primary charge filed with the EEOC.

Back 3

Race

Front 4

Charges of discrimination based on __________ are often confused with and overlap with racial discrimination claims.

Back 4

National Origin

Front 5

An increasing number of national origin discrimination claims involve _________, such as English-only rules. These rules may be legal if they are tailored to meet ________ regulations.

Back 5

Language; Safety

Front 6

Sex discrimination includes __________, childbirth and related conditions.

Back 6

Pregnancy

Front 7

Employers may be able to include sex as a _________ for certain jobs.

Back 7

BFOQ

Front 8

Age discrimination claims are frequently filed by employees after an employer ___________ the workforce.

Back 8

Downsizes

Front 9

An employer may be required to provide _____________ for a disabled employee if it is not an undue hardship for the employer.

Back 9

Reasonable Accommodation

Front 10

Discrimination claims can be categorized legally as ___________ and __________.

Back 10

Disparate treatment and Disparate Impact

Front 11

Disparate impact cases usually involve __________discrimination that is the effect of a seemingly __________ employment policy.

Back 11

Unintentional; neutral

Front 12

What are the three major exceptions to at-will employement that constitute the basis for illegal discharge:

Back 12

1) Breach of an express or implied contract

2) Breach of an implied covenant of good faith and fair dealing

3) Violation of public policy

Front 13

Who are Retailiation claims made by?

Back 13

Employees who:
-Oppose Unlawful Discrimination
-File Claims for Unpaid Wages
-Engage in Union Activities
-Exercise Legal Rights
-Whistleblowers

Front 14

The EEOC summarizes the three essential components of a retailiation claim as:

Back 14

1) Protected Activity - such as providing a testimony
2) Adverse employment action
3) Causal connection between the protected activity and the adverse connection.

Front 15

An action that could dissuade a reasonable person from making or supporting a discrimination charge, and can apply either within the workplace or outside the workplace.

Back 15

Materially Adverse

Front 16

What is the most disputed element of a retailiation claim?

Back 16

Causal connection between the protected activity and the adverse action.

Front 17

When an employee contests some unlawful activity, such as complaining about discrimination against himself or other, or threatening to file a charge (even if no charge is ever filed).

Back 17

Opposition

Front 18

An employee taking part in a proceeding, such as filing a discrimination claim or cooperating in an OSHA investigation.

Back 18

Participation

Front 19

Retailiation damages:

-Employees may be awarded what under Title VII & ADA and ADEA & Equal Pay Act?

Back 19

Title VII & ADA - Compensatory and Punitive Damages

ADEA & Equal Pay Act - Liquidated Damages

Front 20

Workplace Torts include claims such as:

Back 20

-Intentional infliction of emotional distress
-Defamation
-Misrepresentation
-Negligent Hiring

Front 21

This rule relieved an employer from any liability when one employee was injured because of the careless or intentional misconduct of another employee.

Back 21

Fellow Servant Rule

Front 22

A false communication or statement that damages a person's reputation.

Back 22

Defamation

Front 23

Types of Defamation:

Back 23

Slander and Libel

Front 24

Other than Slander and Libel, what is another problematic area regarding defamation claims?

Back 24

References

Front 25

What is the best defense against a defamation claim?

Back 25

The Truth

Front 26

Invasion of privacy claims are based on two legal theories:

Back 26

Intrusion upon seclusion and public disclosure of private facts.

Front 27

These claims arise from disclosing private or confidential information, such as medical records, to other who do not have a legitimate reason to access the information.

Back 27

Public disclosure of private facts

Front 28

Fraud/Misrepresentation:
To prove their claims, employees must prove three elements:

Back 28

1) The employer made a false statement, or misrepresentation, to the employee.
2) The employer knew, or should have known, the statement was false
3) The employee relied on this misrepresentation.

Front 29

Workplace tors are not based on statutory law, but on ___________ that is developed through court decisions.

Back 29

Common Law

Front 30

When an employee files a charged of sexual harassment, they may also charge negligent supervision, which combines a statutory claims with a _________.

Back 30

Tort Claim

Front 31

If an employer gives an employee a bad reference, the employee may file a _________ lawsuit.

Back 31

Defamation

Front 32

When Mary finds out that the entire office heard Mary's Supervisor call her a theif, she may file a defamation claim becuase her reputation was damaged and an __________ claim because she consideres the allegations to be confidential.

Back 32

Invasion of Privacy

Front 33

Invasion of privacy claims are based on ___________, which involves searching or monitoring employees, and _________, when private or confidential information is disclosed.

Back 33

Intrusion upon seclusion; public disclosure of private facts

Front 34

____________ claims often involve employees who change jobs based on knowingly false promises made by their new employer.

Back 34

Misrepresentation

Front 35

Lawsuits alleging _________ are often filed with sexual harassment claims, but the employee must prove the employer's behavior was ________.

Back 35

Intentional infliction of emotional distress; outrageous

Front 36

Claims of _______ may be difficult to prove and may involve anti-discrimination or public policy issues that protect an employer's decisions.

Back 36

Negligent Hiring

Front 37

A claim made by an employee.

Back 37

First Party Claim

Front 38

A claim made by a non-employee, such as a client, customer or vendor

Back 38

Third-Party Claim

Front 39

Why was third-party coverage added to EPL policies?

Back 39

Because these discriminations claims were not covered under CGL policies.

Front 40

This typically involves illegal discrimination by banks and mortgage lenders. The term refers to the practice of outlinign certain neighborhoods in red, where loans would not be made or the costs of services would be increased.

Back 40

"Redlining"

Front 41

What are some EPLI underwriting factors:

Back 41

Location
Employees (Number, Type)
Industry
Salaries and Compensation
Financial Condition
Claims History

Front 42

What is the most important factor affecting EPL premiums?

Back 42

Location

Front 43

What is one of the most challenging states to underwrite?

Back 43

California

Front 44

What determines the initial pricing for the policy?

Back 44

Number of Employees

Front 45

What are the different types of employees?

Back 45

Part Time
Full Time
Leased
Independent Contractors
Seasonal
a Combination of the Above

Front 46

What industry has higher frequency/low serverity claims?

Back 46

Service industries and retail companies

Front 47

What industry has lower frequency/high serverity claims?

Back 47

Investment companies and law firms

Front 48

What 4 industries ranked the highest in the number of claims per capita?

Back 48

Personal service
Transportation services
automotive dealtes and service states
auto repair, services and parking

Front 49

Industries that have a higher risk of third-party claims?

Back 49

Employment agencies, restaurants, hotels and other companies that interact with the public

Front 50

EPLI claims industry factors?

Back 50

Declining industry sectors
Company Culture

Front 51

Employees with _________ salaries could generate potential claims with larger damages, such as what industry?

Back 51

Higher; Law Firms

Front 52

Different ways for an underwriter to evaluate a company's claims history?

Back 52

Frequency of claims
Costs of settlements and past litigations
If any trends are evident
Reponses in the form of RM or other actions

Front 53

Why is location a key factor in assessing an appilcant's risk?

Back 53

State and local laws often expand the legal protections for employees. An employer's location cna affect the F and S of EPL claims.

Front 54

Some factors, regarding layoffs and staff reductions, an UW may want to determine include:

Back 54

Date of Layoff
Reason for layoff
# of employees affected
Criteria for selecting employees to be laid off
Disparate impact study
Severance package or outplacement services
Any claims filed because of the layoff

Front 55

How to underwrite the Corporate Culture:

Back 55

-UW may want to meet with the company's Officers and management
-Reading the company's employee manual.

Front 56

How to determine the EPL premium (formula)?

Back 56

Base Rate x Modification Factors = Premium

Front 57

How to determine the base rate?

Back 57

Number of employees x Base Rate

Front 58

Factors to determine the EPL premium?

Back 58

Employees/Base Rate (BR)
Limits
Retention
Years in Business
Turnover Rate
Prior Claims
Industry
Policies/Handbook
Financial Condition
Salary Range
Location