to 4,151 in 2011, a 9.5-percent in- crease.
• Retaliation claims rose from 36,258 in 2010 to 37,344 in 2011, an in- crease of 3 percent, and
• Discrimination based on national ori- gin claims increased from11,304 in 2010 to 11,833 in 2011, a 4.6-percent increase.1
The cost of settlements and verdicts
from employment-related claims can be huge. For example:
• In 2009, Walmart settled a race bias suit for $17.5 million.2
• In 2008, New York City paid more than $20 million to settle a racial discrimination suit filed against the Department of Parks and Recreation.3
• In 2003, California’s public pension fund paid $250 million to settle an age discrimination suit.4
TMLT’s EPLI coverage All TMLT policies now include an EPLI endorsement. It covers several kinds of alleged wrongful employment practices including:
• Violation of any federal, state, local, or common law prohibiting any em- ployment-related discrimination.
• Harassment, including sexual or gen- der harassment, or racial, religious, sexual orientation, pregnancy, dis- ability, age, or national origin-based harassment, and including workplace harassment by nonemployees.
• Abusive or hostile work environment. • Wrongful discharge or termination of employment, whether actual or con- structive. (Constructive termination occurs when an employer renders an employee’s working conditions so difficult and intolerable that a rea- sonable person would feel forced to resign. An employee constructively terminated may be entitled to recov- er lost wages and other damages suf- fered as a result of the termination.)
• Breach of an implied employment contract or promissory estoppel (an understanding based on a previous action or statement).
• Breach of an actual or written em- ployment contract as long as another wrongful employment practice is also alleged.
• Wrongful failure or refusal to hire or promote, or wrongful demotion.
• Wrongful failure or refusal to provide equal treatment or opportunities.
• Employment termination, disciplinary action, demotion, or other employ- ment decision that violates public policy or the FMLA or similar state or local law.
• Defamation, libel, slander, disparage- ment, false imprisonment, misrepre- sentation, malicious prosecution, or invasion of privacy.
• Wrongful failure or refusal to adopt or enforce adequate workplace or em- ployment practices, policies, or proce- dures.
• Wrongful, excessive, or unfair disci- pline.
• Wrongful infliction of emotional dis- tress, mental anguish, or humiliation.
The information and opinions in this article should not be used or referred to as primary legal sources nor construed as establishing medical standards of care for the purposes of litigation, including expert testimony. The standard of care is dependent upon the particular facts and circumstances of each individual case, and no generalization can be made that would apply to all cases. The information presented should be used as a resource, selected and adapted with the advice of your attorney. It is distributed with the understanding that neither the Texas Medical Liability Trust nor the Texas Medical Insurance Company is engaged in rendering legal services.
12 TEXAS MEDICINE February 2013
• Retaliation, including retaliation for exercising protected rights, or sup- porting in any way another’s exercise of protected rights, or threatening or actually reporting wrongful activity of an insured such as violation of any federal, state, or local “whistle-blow- er” law.
• Wrongful deprivation of career oppor- tunity, negligent evaluation, or failure to grant tenure.
• Violation of the Uniformed Services Employment and Reemployment Rights Act.
• Negligent hiring or negligent super-
William Malamon is the communications and advertising supervisor for the Texas Medical Liability Trust.
vision of others, including wrongful failure to provide adequate training.
Limits of liability are $50,000 per
claim (including both defense costs and indemnity payments) with a $5,000 de- ductible. The yearly aggregate limit is also $50,000. A claim must be reported to TMLT as
soon as practicable, but no later than 60 days from the date the policyholder becomes aware of the claim. Policyhold- ers can also report circumstances they believe might lead to a claim. For more information about EPLI coverage, visit
www.tmlt.org or call the TMLT Underwriting Department at (800) 580-8658.
References 1. U.S. Equal Employment Opportunity Commis- sion. Statistics.
www.eeoc.gov/eeoc/statistics/ index.cfm. Accessed Oct. 1, 2012.
2.
NBCNews.com. Judge OKs Wal-Mart race bias suit settlement.
www.msnbc.msn. com/id/31831931/ns/business-retail/ wid/21370087. Accessed Oct. 3, 2012.
3. Cardwell D. New York Times. Feb. 27, 2008.
www.nytimes.com/2008/02/27/ny region/
27parks.html?_r=4&scp=1&sq=discri mination+parks&st=nyt. Accessed Oct. 3, 2012.
4. Greenhouse S. New York Times. January 31, 2003. California pension fund to pay $250 million age bias settlement. www.
nytimes.com/2003/01/31/us/california- pension-fund-to-pay-250-million-age-bias-
settlement.html. Accessed Oct. 3, 2012.
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