A recent increase in coronavirus-related employment practices lawsuits has put employment practices liability insurance (EPLI) in the spotlight. This escalation of litigation may come as a shock to the countless employers that willingly sacrificed profits to keep employees safe and employed, but it is not entirely unexpected. Unfortunately, litigation typically surges whenever confusion, desperation and opportunism combine.

It may seem odd to be thinking about EPLI in the midst of a pandemic, but COVID forced employers to make critical decisions on short notice, with scant and often conflicting guidance. The Department of Labor gave employers just 30 days to integrate the Families First Coronavirus Response Act (FFCRA) into their operations. Employers were also required to apply existing employment laws in the unprecedented context of COVID. Those turning to the Equal Employment Opportunity Commission for a roadmap were cautioned to remember that guidance was likely to change as the COVID pandemic evolved.