Today's EPL risk landscape
Common EPL exposures
Our specialists manage a broad range of EPL claims, including:
- Sexual harassment
- Wrongful termination
- Discrimination
- Retaliation
- Failure to promote
- Disability-related claims
- Wage and hour disputes
- Breach of HIPAA privacy laws
The global pandemic fundamentally reshaped the employer-employee relationship, increasing both the frequency and complexity of Employment Practices Liability (EPL) claims as organizations navigate evolving workplace expectations, regulatory requirements, and workplace challenges.
Today, employers face ongoing pressures related to:
- Hybrid and remote work environments
- Staffing shortages and talent gaps
- Employee retention challenges
- Wage and hour disputes
- Workplace accommodation requests
- Greater scrutiny around workplace culture
- Expanding regulatory oversight
Together, these pressures create significant financial, operational and reputational risks for employers across industries. Gallagher Bassett helps organizations address these risks through specialized EPL claims management, litigation oversight, and strategic resolution support.
Navigate complex workplace liability with confidence
Gallagher Bassett delivers specialized EPL claims and litigation management solutions for insurance carriers and self-insured organizations managing complex workplace-related exposures across nearly all U.S. jurisdictions*. With more than 15,000 EPL claims managed nationwide, we help organizations navigate increasingly complex workplace liability challenges with confidence.
No other third-party administrator offers a dedicated EPL team with specialized expertise focused exclusively on managing employment practices liability matters. Our specialists include:
- Former defense attorneys
- Insurance carrier claim professionals
- Experienced claim managers
- Litigation management specialists
Our approach combines employment law expertise, litigation management, and proactive claims administration strategies that have reduced defense costs by up to 45% while improving resolution outcomes and minimizing organizational disruption.
*Except Puerto Rico
EPL experience across complex industries
Gallagher Bassett manages EPL claims for a broad range of public and private sector organizations, leveraging deep industry knowledge to address the unique operational, workforce, and regulatory challenges each faces, including the following:
- Healthcare organizations
- Retail establishments
- Staffing companies
- Law firms
- Automotive dealerships
- Professional service firms
- Multi-location employers
Specialized expertise. Proven outcomes. Collaborative partnership.
Gallagher Bassett's multidisciplinary EPL team combines specialized claims expertise, proactive communication, and a collaborative service model to help organizations navigate complex employment-related matters. Working closely with clients, insurers, HR teams, and legal counsel, we manage every stage of the claims lifecycle while delivering the strategic guidance, visibility, and support needed to control costs, reduce exposure, and achieve better outcomes.
| Our approach | Our strategy |
| Intake and coverage evaluation | We evaluate each claim against applicable EPL policy coverage and provide guidance regarding exposure considerations, coverage positions, and potential defenses. |
| Investigation and early risk assessment | We conduct detailed reviews to assess liability, exposure, and opportunities for early resolution. |
| Litigation management | We retain, coordinate, and supervise defense counsel while closely reviewing legal spend, expert costs, and vendor invoices. |
| Settlement and resolution | We support strategic negotiations designed to achieve timely and cost-effective claim outcomes aligned with client objectives. |
| Reporting and ongoing communication | We provide ongoing visibility into claim performance, emerging risks, and program outcomes through structured reporting, trend and exposure analysis, financial oversight, proprietary RMIS capabilities, and regularly scheduled claim reviews. |
A strategic approach to EPL claims resolution
We provide flexible outsourcing and project-based solutions, delivering customized EPL program support for carriers and self-insured organizations with oversight tailored to their operational and reporting requirements. Our approach combines specialized claims administration, litigation oversight and coordinated communication strategies to deliver efficient, cost-conscious claim resolution.
EPL solutions for self-insured employers
Your challenge: Employment-related claims can impact organizations of any size, industry or demographic profile. In addition to financial exposure, organizations must also manage internal HR resource strain, regulatory complexity, and escalating settlement pressure.
How we help: When partnering with Gallagher Bassett, organizations gain access to specialized EPL claims expertise designed to support both immediate claim resolution and long-term risk mitigation. We work collaboratively with clients to:
- Navigate EPL insurance coverage
- Maximize policy benefits
- Manage defense counsel
- Support settlement negotiations
- Improve visibility into claims trends
- Support HR education and training initiatives
- Coordinate efficient resolutions
EPL solutions for carrier partners
Your challenge: EPL claims often involve long claim lifecycles, evolving regulatory considerations and oversight from agencies such as the Equal Employment Opportunity Commission (EEOC).
At the same time, increasing claim frequency and severity continue to place pressure on carrier claims operations.
How we help: We tailor our claims services to provide the support you need. Gallagher Bassett provides flexible EPL claims solutions designed to scale alongside your organization's operational needs.
Complete outsourcing
- White-glove service integrating seamlessly into your organization
- Independent management of dedicated books of EPL claims
- Specialized claims administration support
- Litigation management oversight
Project-based support
- Backlog remediation assistance
- Overflow claims support
- Temporary staffing augmentation
- Complex claim resolution assistance
Reduce your total cost of risk (TCOR)
Dedicated claim team: We provide a dedicated account supervisor and claims resolution manager who regularly review claim activity, emerging trends, and opportunities to improve the future profitability of the program.
Virtual claim file access: We provide secure access to virtual claim files, reports, and state and federal compliance information, including MMSEA Section 111 reporting.
Loss runs and program insights: We deliver detailed loss runs and claims analytics, including claimant demographics, financial data, and historical EPL claim trends.
Coverage evaluation: We review each claim against applicable EPL policy provisions and provide guidance on coverage positions, defenses, and potential denial considerations.
Litigation management services: We retain, coordinate, and oversee defense counsel while reviewing legal, expert, and vendor invoices to ensure appropriate cost control and billing accuracy.
Client success stories
Wage and Hour Class Action Lawsuit
Challenge: A wage and hour class action lawsuit presented potential exposure exceeding $125 million. The matter had been ongoing for three years prior to Gallagher Bassett's involvement, with no formal exposure analysis or defense budget in place to support strategic decision-making.
Solution: Gallagher Bassett's EPL team conducted a detailed exposure analysis, developed a defense budget, and supported mediation preparation and settlement negotiations to help evaluate risk and guide resolution strategy.
Result: Achieved a favorable settlement at the lowest end of the range recommended by defense counsel, helping contain litigation exposure, and improve cost predictability.
Discrimination Charge Filed with the DFEH
Challenge: A pre-litigation demand letter and Department of Fair Employment and Housing (DFEH) discrimination charge alleged disability and age discrimination, harassment and retaliation, creating potential reputational and financial exposure.
Solution: The EPL team conducted an early risk evaluation, identified strategic settlement opportunities and coordinated resolution efforts designed to minimize defense costs and avoid prolonged litigation.
Result: Resolved the matter through early settlement for $25,000, significantly below the estimated settlement range of $50,000 to $60,000.
Wrongful Termination Arbitration
Challenge: A former physician filed an arbitration demand against a hospital and fellow doctor alleging gender discrimination, harassment, retaliation, and wrongful termination, with projected exposure ranging from $665,000 to $1.35 million.
Solution: Gallagher Bassett's EPL specialists supported early settlement discussions, coordinated resolution strategy and facilitated negotiations focused on reducing financial and reputational risk.
Result: Successfully resolved the matter for $25,000, substantially below both the claimant's demand and projected verdict exposure.
Direct Negotiation of Pre-suit Age and Disability Claim
Challenge: A former long-term employee alleged age discrimination, disability discrimination, retaliation and failure to accommodate following medical leave, with a claimant demand of $650,000 and potential verdict exposure exceeding $1 million.
Solution: Gallagher Bassett participated in the investigation, evaluated litigation exposure and negotiated directly with claimant counsel to pursue an early resolution strategy and avoid protracted litigation.
Result: Negotiated settlement of the matter for $12,500, significantly reducing potential litigation costs and overall exposure.
Connect with our EPL team
Brian Smith
Executive & Professional Liability — EPL Lead Gallagher Bassett Specialty
Nicholas Gumpel
Leader of Executive & Professional Liability — Gallagher Bassett Specialty
Tim Over
SVP — Business Development Director — Gallagher Bassett Specialty
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