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Corgi

EPLI Insurance for Startups

EPLI is the policy every startup needs the moment it makes its first non-founder hire — defending the company against wrongful termination, harassment, discrimination, and retaliation claims brought by employees, former employees, and job applicants.

Last reviewed April 24, 2026 · Reviewed by the Corgi Insurance team

EPLI is the policy that defends you the day someone walks out angry. Strong cultures don't prevent EEOC charges — fair processes don't prevent retaliation suits. EPLI is what pays for the lawyer when the email arrives.

Anatomy of a $1M / $250K / $25K EPLI Policy.

Pulled from the actual form

FORM CORG-EPL-0100

Employment Practices

SELF-INSURED RETENTION:$25,000 per claim

Wrongful Termination

PER CLAIM:$1,000,000

Harassment & Discrimination

AGGREGATE:$1,000,000

Defense Costs

WITHIN LIMIT:Included

Third-Party EPLI

AGGREGATE:$1,000,000

Wage & Hour Defense

SUBLIMIT:$250,000

Retention

PER CLAIM:$25,000

Plain English on the Left. Policy Language on the Right.

What this policy pays for.

IF THIS HAPPENS…

A laid-off engineer claims the RIF was a pretext for age discrimination.1

Wrongful termination & RIF claims

Defense costs and indemnity for employee claims that termination breached an implied contract, public policy, or anti-discrimination law — including reduction-in-force (RIF) decisions.

PER CLAIM$1M
AGGREGATE$1M
RETENTION$25K

A new hire alleges harassment by a senior leader and files an EEOC charge.

Harassment & hostile work environment

Defense and indemnity for sexual, racial, or other unlawful harassment claims and hostile work environment allegations brought by current or former employees.

PER CLAIM$1M
EEOC DEFENSEIncluded

A candidate sues alleging your interview process discriminated against them.

Discrimination (employees & applicants)

Coverage for discrimination claims under federal (Title VII, ADA, ADEA) and state law — including failure-to-hire claims by job applicants and accommodation disputes.

PER CLAIM$1M

An employee files an internal whistleblower complaint, then is fired three weeks later.2

Retaliation claims

Defense costs and indemnity when an employee alleges adverse employment action in retaliation for protected activity (whistleblowing, EEOC charges, FMLA leave, or other protected conduct).

PER CLAIM$1M

A class action alleges your sales team is misclassified as exempt under FLSA.3

Wage & hour defense (sublimited)

Defense costs only — no indemnity — for FLSA misclassification claims, off-the-clock work allegations, and PAGA (CA Private Attorneys General Act) suits. Settlement amounts are not covered.

DEFENSE-ONLY$250K
INDEMNITYExcluded

A vendor's contractor alleges harassment by one of your employees while on-site.

Third-party EPLI

Coverage for harassment, discrimination, or other employment-tort claims brought by non-employees — customers, vendors, contractors, applicants — alleging misconduct by your employees.

AGGREGATE$1M
1

Punitive damages are excluded where uninsurable by law (varies by state). California, New York, and most other states permit insurance to pay punitive damages in EPLI claims.

2

Whistleblower retaliation claims under SOX and Dodd-Frank are covered alongside other retaliation claims; some EPLI policies sublimit SOX whistleblower defense.

3

Wage & hour defense is provided on a defense-only basis with a sublimited cap. PAGA representative actions in California are covered subject to the same sublimit.

How EPLI compares to D&O and Fiduciary

EPLI, D&O, and Fiduciary each handle a different category of leadership and people-related risk. Most growth-stage startups carry all three.

Employment Practices Liability (this policy)

Defends the company against employment-related claims by employees, former employees, and (with third-party endorsement) applicants and contractors. Covers wrongful termination, harassment, discrimination, retaliation, and defense for wage-and-hour suits. Critical from your first non-founder hire onward.

Directors & Officers (D&O)

Defends executives personally when they're named in employment claims. EPLI covers the company; D&O covers the executive. The two policies coordinate — D&O Side B reimburses the company for indemnifying the executive, EPLI handles the underlying employment claim. Most growth-stage startups carry both.

Fiduciary Liability

Defends the company and its leaders against allegations of mismanaging employee benefit plans (401(k), health, equity). Where EPLI covers employment-tort claims, Fiduciary covers ERISA fiduciary breaches. Becomes essential once you offer a 401(k), employee benefits trust, or equity plan with significant participation.

Industry Applicability & Compliance

Hiring Trigger

EPLI exposure begins the moment you make your first non-founder hire and grows non-linearly with headcount. Industry data suggests the per-employee EPLI claim rate is roughly 1 in 10 over a five-year window — making EPLI essential as soon as you have a HR process, even if your culture is strong.

Regulatory Posture

The policy aligns with federal anti-discrimination statutes (Title VII, ADA, ADEA, GINA), state human-rights laws, and emerging frameworks (CA FEHA, NY HRL, CROWN Act). It supports the EEOC charge process, state-agency complaint defense, and follow-on civil litigation.

Industry Use Cases

EPLI is designed for any company with employees — from a five-person startup to a 500-person scale-up. The policy responds to wrongful-termination claims, harassment allegations, discrimination complaints, retaliation suits, FMLA disputes, and (with sublimited defense) wage-and-hour class actions.

The six allegations EPLI defends.

Wrongful Termination

Defense and indemnity when a fired employee alleges the termination breached an implied contract, public policy, or anti-discrimination law — including RIF claims.

Harassment

Sexual, racial, and other unlawful harassment claims, including hostile work environment allegations. Includes defense for EEOC charges before they escalate to litigation.

Discrimination

Federal (Title VII, ADA, ADEA) and state discrimination claims by employees and job applicants — including failure-to-hire claims and accommodation disputes.

Retaliation

Adverse-action claims tied to whistleblowing, EEOC charges, FMLA leave, OSHA complaints, or other protected activity. Often the highest-severity EPLI claim type.

Third-Party EPLI

Harassment, discrimination, or other employment-tort claims by non-employees — customers, vendors, contractors — alleging misconduct by your employees.

Wage & Hour Defense

Sublimited defense-only coverage for FLSA misclassification, overtime, and PAGA claims. Defense costs covered; settlements and judgments excluded.

Our Core Coverages

EPLI is the operational policy for any company with employees. Layer in CGL, D&O, Fiduciary, and more — modular coverage that grows with you.

Commercial General Liability (CGL)
Instant quote

Commercial General Liability (CGL)

Protects your business against third-party claims for bodily injury, property damage, and personal or advertising injury arising from your operations.

Cyber Liability
Instant quote

Cyber Liability

Protects against losses and claims resulting from data breaches, cyberattacks, and network security failures.

Tech & AI Liability
Instant quote

Tech & AI Liability

Covers claims alleging your technology products or services failed to perform as intended, causing financial harm to a client.

Directors & Officers
Instant quote

Directors & Officers

Covers claims made against company leaders for alleged wrongful acts in managing the business.

Employment Practices Liability (EPLI)
Instant quote

Employment Practices Liability (EPLI)

Protects against claims alleging wrongful termination, discrimination, harassment, or other employment-related issues.

Fiduciary Liability
Instant quote

Fiduciary Liability

Protects your company and plan fiduciaries against claims alleging mismanagement of employee benefit plans, including retirement and health plans.

Media Liability
Instant quote

Media Liability

Protects against claims arising from your published or distributed content, including allegations of defamation, copyright infringement, or invasion of privacy.

Hired and Non-Owned Auto (HNOA)
Instant quote

Hired and Non-Owned Auto (HNOA)

Provides liability coverage when employees use rented or personal vehicles for company business.

See specialized coverages

EPLI Glossary

Key terms that appear in employment-practices policies, EEOC charges, and HR investigations.

EPLI / EPL
Employment Practices Liability Insurance — defends the company and its leaders against employment-related claims by employees, former employees, applicants, and (with third-party endorsement) third parties.
Wrongful Act (Employment)
The triggering language in an EPLI policy — any actual or alleged wrongful termination, harassment, discrimination, retaliation, breach of employment contract, or other employment-related tort.
EEOC Charge
A discrimination complaint filed with the federal Equal Employment Opportunity Commission. EPLI covers defense costs from the EEOC charge stage through any subsequent civil suit.
Wage & Hour Sublimit
Most EPLI policies provide defense-only coverage (no indemnity) for FLSA misclassification, overtime, and PAGA claims, capped at $100K–$500K. Settlements and judgments are not covered.
Third-Party EPLI
An endorsement extending EPLI coverage to harassment, discrimination, or other employment-tort claims brought by non-employees — customers, vendors, contractors. Standard for marketplaces and B2B services.
Punitive Damages
Damages designed to punish willful conduct. Most states allow EPLI to pay punitive damages, but a handful (e.g., NY for certain claims) prohibit insurance coverage. Policies follow most-favorable-jurisdiction language.
Insured Persons (EPLI)
All past, present, and future directors, officers, employees, volunteers, and (typically) leased or part-time staff acting in the scope of employment. Independent contractors are usually excluded.

FAQ

EPLI is the policy that defends your company when an employee, former employee, or applicant alleges wrongful termination, harassment, discrimination, or retaliation. With Corgi, a standard policy provides $1M aggregate limits with defense costs paid within the limit — and EPLI is critical from your first non-founder hire onward, regardless of how strong your culture is.
As soon as you make your first non-founder hire. Even a single termination, demotion, or denied promotion can trigger an EPLI claim — and the median defense cost for a wrongful-termination claim is $25K–$75K before any settlement. Corgi's EPLI policy starts at modest premiums and scales with headcount, with most seed-stage startups paying $1,500–$3,000 per year.
Defense only. Most EPLI policies — including Corgi's — provide a sublimited defense-only extension for FLSA misclassification, overtime, off-the-clock work, and California PAGA representative actions. Settlement amounts and judgments are not covered. Standalone Wage & Hour insurance is available for higher-risk industries (hourly workforces, gig platforms).
EPLI defends the company against employment-related claims. D&O defends executives personally when they're named in those claims. Many lawsuits name both — for example, a wrongful-termination suit naming the company AND the CEO who made the firing decision. EPLI covers the company side; D&O Side A covers the executive personally. Read more in our guide to D&O for startup founders.
For startups under 25 employees, EPLI typically costs $1,500–$3,500 per year for $1M aggregate limits. Companies with 25–100 employees pay $3,500–$8,000 per year, and growth-stage startups with 100+ employees pay $8,000–$25,000+ depending on geography (California raises rates), industry, and prior claims history. See our full cost-by-stage breakdown.
Yes. Failure-to-hire discrimination claims by applicants are covered under standard EPLI Insuring Agreement A. This is increasingly relevant as applicants challenge AI-based hiring tools, automated resume screening, and structured interview practices. Corgi's policy includes applicant claims by default — no separate endorsement required.
Independent contractors are typically excluded as Insureds (they're not employees) but can bring third-party EPLI claims if the third-party endorsement is added. The third-party EPLI extension covers harassment and discrimination claims brought by contractors, vendors, or customers alleging misconduct by your employees. Corgi includes this endorsement on every EPLI policy.
In most states, yes. Corgi's EPLI policy includes most-favorable-jurisdiction language: punitive damages are paid to the maximum extent allowed by applicable law. New York and a handful of other jurisdictions restrict insurability of punitive damages for certain claims; the policy follows the law of the most favorable jurisdiction with a substantial connection to the claim.
Third-party EPLI extends coverage to harassment and discrimination claims brought by non-employees — customers, vendors, contractors, delivery drivers — alleging misconduct by your employees. Marketplaces, B2B services, and any business with significant customer-facing employee interaction should carry it. Read more in our marketplace insurance guide.

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Industries that especially need EPLI