Employment Practices Liability Insurance vs. Management Liability | Commercial Insurance 101

Bryan Gutowsky • September 16, 2024

Commercial Insurance 101: Employment Practices Liability Insurance vs. Management Liability

When it comes to protecting your business from costly legal claims, two types of coverage often come up: Employment Practices Liability Insurance (EPLI) and Management Liability Insurance. While they can be similar, these policies serve different purposes and can significantly impact how well your company is protected.


In this article, we’ll break down the differences, explain what each covers, and help you decide which makes sense for your business.


What Is Employment Practices Liability Insurance (EPLI)?

Employment Practices Liability Insurance, often called EPL insurance, protects businesses from claims brought by employees, former employees, or even job applicants. These claims can include:

  • Wrongful termination
  • Discrimination (age, race, gender, disability, etc.)
  • Harassment, including sexual harassment
  • Wage disputes


Even if your business is not found liable, EPLI covers legal defense costs and settlements, which can quickly add up.


Did you know? Some EPLI policies can even extend to cover third-party claims—such as those made by clients, vendors, or contractors who allege harassment or discrimination.


What Is Management Liability Insurance?

Management Liability Insurance is a broader policy that provides protection not just for employment practices, but also for leadership and decision-making risks within a company. It usually includes three key coverage areas:

  1. Directors & Officers (D&O) Insurance – Protects company leaders from claims of mismanagement, breach of duty, or poor business decisions.
  2. Fiduciary Liability – Covers claims related to mismanagement of employee benefit plans, such as retirement accounts.
  3. Employment Practices Liability (EPLI) – Often bundled into a management liability policy.


This type of coverage is designed to protect both the company and its leadership team against lawsuits, regulatory investigations, and fiduciary issues—not just employment-related disputes.


Key Differences Between EPLI and Management Liability Insurance

While EPLI focuses specifically on employment-related claims, Management Liability Insurance goes further by offering a package of coverages. Here’s the main difference:

  • EPLI = Narrow focus (employment disputes like wrongful termination or harassment).
  • Management Liability = Wide focus (includes EPLI plus leadership risks, fiduciary liability, and broader legal protections).


In other words, if you purchase Management Liability Insurance, you’re usually getting EPL coverage included—but with the added benefit of avoiding coverage gaps that could leave leadership exposed.


Why These Coverages Matter for Small and Mid-Size Businesses

It’s a common misconception that EPLI and Management Liability Insurance are only for large corporations. The reality is, small and middle-market businesses are just as vulnerable, sometimes even more so.

  • Employment disputes are on the rise, and legal defense costs can cripple a small business.
  • Leadership decisions—such as financial missteps or compliance errors—can trigger costly claims even if you act in good faith.


Having the right coverage ensures your company is protected from risks that could otherwise derail operations and finances.


Which Coverage Is Right for Your Business?

  • If you’re primarily concerned about employee claims, a standalone EPLI policy or endorsement on your general liability may be enough.
  • If you want broader protection for leadership and fiduciary responsibilities, a full management liability policy is the smarter choice.


Many businesses start with EPLI and later expand to Management Liability as they grow, hire more employees, or take on greater regulatory responsibilities.


Final Thoughts

Both EPLI and Management Liability Insurance are essential tools for protecting your business. The best option depends on your size, industry, and leadership structure—but either way, these coverages ensure you’re not left exposed when disputes arise.


If you’re unsure which policy fits your business best, consider working with an experienced insurance advisor who can review your risks and recommend the right solution.

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