Building a Data-driven Employment Practices Liability (EPL) Program

Between 2023 and 2025, CRICO made significant, strategic investments to advance a leading Employment Practices Liability (EPL) program. The development of the program strengthened risk mitigation, claims strategy, and subscriber engagement in response to a rapidly evolving employment risk landscape.

This work builds on a 2019 CRICO Board–approved initiative to develop a comprehensive EPL insurance and risk mitigation program, anticipating heightened awareness and exposure driven by the #MeToo movement and the expansion of Diversity, Equity, and Inclusion (DEI) initiatives across health care. As EPL risks became more complex and consequential, CRICO focused on equipping subscribers with actionable insights grounded in data, best practices, and shared learning.

Key components of the program included ongoing educational efforts to inform subscribers about EPL exposures and mitigation strategies; the implementation of an EPL Law Day to provide legal insights, emerging trends, and best practices for managing EPL claims; and the analysis and sharing of EPL claims data to illustrate risk patterns and highlight areas of exposure within the employment practices landscape.

Integrated Program Development

CRICO assembled a cross-functional team from Claims, Underwriting, IT, Candello, Analytics, Communications, Patient Safety, and HR to lead this effort. Program priorities included educating stakeholders on EPL risks and coverage, identifying vulnerabilities across subscriber organizations, convening subscribers to define best practices, and building a robust analytical foundation to better understand EPL claim drivers.

Claims operations were enhanced through closer collaboration with subscribers’ Offices of General Counsel and the implementation of a tailored EPL settlement strategy that recognizes the distinct dynamics of employment-related claims. Convenings with outside counsel and legal leaders, including the launch of an annual EPL Law Day, further strengthened alignment and shared expertise.

Building the EPL Taxonomy: Turning Claims into Insight

A cornerstone of the 2023–2025 strategy was the development of an EPL claims taxonomy designed to move beyond individual cases and identify systemic risk drivers. As of January 2026, CRICO has identified and coded key data elements across 893 closed EPL claims and suits, enabling more consistent analysis and meaningful trend identification.

Findings highlighted the prevalence of allegations involving discrimination based on disability, race, and religion—many related to COVID vaccine mandates—as well as retaliation claims. This taxonomy now provides a durable framework that will be used to guide targeted risk mitigation efforts, inform education and best practices, and support more proactive claims and underwriting strategies across the subscriber community.

Education, Engagement, and Best Practices

CRICO expanded EPL education through webinars, podcasts, and targeted convenings focused on harassment, discrimination, retaliation, disability accommodation, and professional conduct. These efforts informed the development of practical tools, including EPL reporting best practices, case studies with facilitation guides, and PULSE coaching best practices to support organizational learning and culture change.

A dedicated EPL webpage now serves as a central resource for subscribers, featuring coverage information, case analytics, case studies, and a monthly EPL industry insight. Moving into 2026, EPL industry insights will be published quarterly.

Driving Culture Change Through Rapid PULSE 360

In addition, the program introduced PULSE 360, an initiative designed to collect and share insights regarding workplace behaviors that had a constructive or adverse impact on others, with the goal of fostering healthier organizational cultures and reducing EPL exposure.

As of December 2025, over 1,700 individuals across 13 institutions have participated. Insights from this program are being shared across organizations and incorporated into broader risk mitigation efforts.

Looking Ahead

CRICO will continue to build on this foundation by operationalizing annual EPL analytics, deploying an EPL-like claims tool to enhance case analysis, and further integrating EPL insights with patient safety and claims initiatives. Ongoing use of the EPL taxonomy will remain central to identifying emerging risks and focusing mitigation efforts where they can have the greatest impact.

Through this strategic, data-driven approach, CRICO is helping subscribers better understand, manage, and reduce EPL risk while fostering safer, more professional, and more equitable health care workplaces.

Please contact Courtney Cruz, CRICO EPL Claims Manager, at [email protected] for questions about CRICO’s EPL efforts.