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Common Employment Practices Liability Claims Filed Against Government Contractors

SAHOURI
Author
SAHOURI
Published
February 20, 2025

Defending against employment practices liability (EPL) litigation is a growing concern for government contractors in today's complicated and unpredictable regulatory environment. Recent layoffs and changes to labor laws may increase reliance on private contractors, escalating EPL concerns and the necessity for robust insurance for government contractors.

What You Will Learn

Retaliation and Gender Pay Gaps

Equal Employment Opportunity Commission (EEOC) reports indicate that over 55% of claims are related to retaliation, making them a leading EPL charge. Ongoing issues like gender pay gaps and unequal representation of certain groups in the workforce (representation disparities) also contribute to discrimination and wage claims. 

A 2023 Government Accountability Office (GAO) report shows that women are underrepresented in management roles and earn less than men. These circumstances highlight the need for strong employment policies. As agencies revise workforce strategies, contractors should focus on compliance and risk mitigation to prevent employment-related claims.

EPL Risks Amid Evolving Workplaces

Recent changes to diversity, equity, and inclusion (DEI) policies may increase EPL claims. Contractors will face heightened EPL risks as companies adapt to evolving regulations and downsizing. They must protect against employment-related claims during these transitions.

Recognizing the essential role of EPL insurance in protecting your business and enhancing competitiveness is critical. For government contractors, EPL insurance is crucial due to the rising number of employment-related claims.

Typical Employment Practices Liability Claims

Government contractors face a variety of potentially devastating EPL claims, often stemming from employment decisions that impact their workforce. The most frequent claims include:

  • Discrimination claims: Contractors often face racial, gender, age, and other discrimination claims. Government contractors must follow EEOC rules or face legal action. Increased scrutiny and shifting diversity regulations increase these claims.
  • Wrongful termination: Employees who are fired or whose contracts are violated may sue for wrongful termination. Contractors managing large teams may face legal issues when budget cuts or contracts expire. Without defined employment policies, these claims increase.
  • Harassment claims: Workplace misconduct, including sexual harassment and toxic work environments, persists. Contractors sometimes work on-site at government sites or in various locations, making workplace culture monitoring difficult. Poor training and reporting might result in considerable liability.
  • Retaliation claims: Retaliation may occur when employees report malfeasance, participate in investigations, or assert whistleblower rights. Government scrutiny of compliance issues has grown with private contractor use, leading to more retaliation claims. 

Contractors' Roles Amid Federal Workforce Reductions

Government workforce reductions have altered the contracting landscape, increasing reliance on private-sector contractors to fill critical roles.

How Downsizing Impacts Government Contracting

Federal workforce reductions have created a greater dependency on contractors to fulfill essential roles. As agencies cut in-house positions, private-sector contractors must take on more responsibilities, often hiring rapidly to meet government demands. This shift places additional pressure on contractors to manage growing teams while ensuring compliance with employment laws.

Higher EPL Risks

A surge in hiring, combined with unclear employment policies, can result in missteps that lead to EPL claims. Rapid expansion often leads to inconsistent hiring practices, rushed background checks, and improper termination procedures, all of which increase the risk of employment-related litigation. Government contractors must remain vigilant about their EPL exposure, ensure appropriate coverage, and know the hidden truths about EPL coverage.

Key Concerns for Contractors

  • Employment law compliance: Rapid staffing adjustments must align with federal and state employment laws to prevent legal disputes.
  • Workforce restructuring: Layoffs or reassignments due to shifting contract needs can lead to wrongful termination or retaliation claims.
  • Hiring and onboarding risks: Poorly executed recruitment practices may result in discrimination claims or disputes over hiring decisions.

By proactively addressing these challenges, contractors can mitigate risks and ensure long-term business stability.

How EPL Insurance Protects Government Contractors

Employment-related lawsuits can be costly and disruptive, making EPL insurance a vital safeguard for government contractors.

What EPL Insurance Covers

EPL insurance provides defense costs, settlements, and judgments for employment-related claims. Coverage extends to lawsuits alleging discrimination, harassment, retaliation, and wrongful termination. By securing EPL insurance, government contractors can safeguard their businesses from costly legal battles and reputational damage.

Why EPL Coverage Is Essential for Contractors in 2025

With workforce reductions, policy changes, and increased reliance on contractors, EPL insurance is more critical than ever. The shifting regulatory landscape has heightened the risk of employment-related claims, making legal defense expenses a significant financial burden. Comprehensive EPL coverage ensures that contractors are prepared to handle these challenges and maintain compliance.

How EPL Insurance Supports Business Continuity

Employment-related lawsuits can disrupt operations, drain resources, and impact long-term stability. EPL insurance helps contractors protect their financial health by covering legal costs and mitigating risks. In an unpredictable government contracting environment, having the right insurance provides stability and peace of mind.

Best Practices for Mitigating EPL Risks

Clear policies that define workplace expectations, anti-discrimination guidelines, and termination procedures reduce liability risks. It’s crucial to update handbooks regularly and ensure compliance with federal labor laws.

Conduct Regular Training

Training programs on harassment prevention, ethical hiring practices, and workplace conduct promote a compliant work environment. Investing in ongoing education for management and employees minimizes risk.

Stay Informed on Legal Developments

Employment laws change frequently. By staying informed and conducting regular audits and proactive legal reviews, you can ensure compliance with the latest labor policies and help prevent disputes before they arise. This proactive approach can give you control over potential EPL risks.

Secure Comprehensive EPL Insurance Coverage

The best way to mitigate EPL risks is to have the proper insurance protection in place. EPL insurance is a vital necessity for all government contractors. Knowing your business is protected, you can feel reassured and secure with the proper coverage.

Don't leave your business vulnerable. Contact Sahouri today to consult with an experienced insurance advocate. We’ll ensure you get the right coverage and competitive rates to protect your business. 

SAHOURI
SAHOURI
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