#MeToo: Why it's the second /third most important legal issue in Employment Practices Liability Insurance
In this IIL claims lecture Phillip Maltin updated participants on measures claims professionals and underwriting experts can take to counter sexual harassment claims and one other type of lawsuit that is more prevalent, perhaps more dangerous, but discussed less.
Harassment claims can be controlled, but not using the techniques that some legislators and underwriters require. This program will survey ineffective and effective measures to counter sexual harassment claims. Research by the United State Equal Employment Opportunity Commission concludes that people with a tendency to harass are more likely to react negatively to training. Years of reactive training, focusing on countering and responding to allegations of harassment (not on preventing them or protecting victims), can invite claims. This program will discuss some new forms of training that can overcome these weaknesses.
The lecture also evaluated a second, more dangerous claim: harassment based on actual or perceived disability. Mr. Maltin discussed why American businesses are chronically ineffective in responding to pre-litigation warnings that lead to claims of disability discrimination and harassment. The lecture explored simple techniques that businesses must teach, and underwriters must require, that will help control the problems that can lead to lawsuits based on a person's mental or physical disabilities.
By the end of this lecture members would have gained an insight into:
- #metoo and areas needing more attention on EPLI applications. Survey techniques for controlling the problem through retention relief
- Why disability discrimination is more dangerous than claims under #metoo. Encourage training
- Wage claims in the areas in which the most significant exposure lies
Phillip R. Maltin is a veteran litigator and trial lawyer who manages employment (EPLI) and commercial (D&O) litigation in Los Angeles. Phil is an instructor in a prosecutor’s school with a reputation as a creative and effective questioner. He delivers seminars on questioning, identifying liars and evidence across North America. His peers perennially vote him a Southern California Super Lawyer.
Richard Salmon FCII, International Claims Manager, CFC Underwriting Ltd.
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