Employee Lawsuits Happen—Stay Protected

Ask these 3 key questions to ensure you're prepared.

The employment decisions you make are imperative; however, even if you complete numerous interviews, conduct background checks, vet your staff, and build a winning team, you are susceptible to immense risks. One of the most significant: employment practices liability (EPL). And even if you are not found liable, an accusation can be detrimental to your business.

Employee lawsuits aren’t just a risk for large corporations. Small and midsize businesses are just as likely to have an employment practices claim filed against them. In fact, the Equal Employment Opportunity Commission (EEOC) reported that 50% of the discrimination claims filed with the agency were against small and midsize companies.


The fence industry is no exception. With a workforce often spread out over multiple locations, extensive time traveling between jobs, and limited supervision, your operation is a potential hotbed of EPL lawsuits ranging from sexual harassment to retaliation to wrongful termination. Even if you are innocent and the suit is unwarranted, you may still be left with thousands of dollars in legal fees or settlements.

PLANNING AND PREPARATION IS KEY

3 Important Questions to Ask

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The Harsh Realities of EPLI

Justified or not, an EPL claim can cost you tens of thousands of dollars in defense costs alone. The fence industry is filled with scenarios just like these. Anyone can find themselves in one of these circumstances; protect your company and yourself from these unfortunate situations:

Perceived Disability
A job applicant is passed up for a position by a large, national fence company. Although the employer stated that the applicant was not hired due to lack of experience, the applicant sued the company insisting that he was denied employment due to a perceived disability.
Discrimination After Injury
A fence installer is unable to return to work due to an injury that restricts him from strenuous physical activity. When the employer fails to create a new position for the employee, he sues the company.
Age Discrimination
An installation manager is terminated based on a range of performance issues, most notably poor customer service. The employee responds by filing an age discrimination suit, alleging that he was terminated based on his age in order to be replaced by a younger employee.
Sexual Harassment
A female customer service representative files a sexual harassment suit, alleging that her hours were cut and opportunities for advancement ceased after she failed to respond to a male supervisor’s advances.

EPLI for AFA

The AFA Insurance Program provides the necessary coverage in case a fence dealer or manufacturer has a claim. An essential part of that coverage is EPLI.


EPLI protects your business against a variety of employee lawsuits, including claims arising from:

  • Sexual harassment

  • Discrimination

  • Deprivation of career opportunity

  • Wrongful discipline

  • Wrongful termination

  • Breach of employment contract

  • Negligent evaluation

  • Mismanagement of employee benefit plans

  • Failure to employ or promote

  • Wrongful infliction of emotional distress

  • Wage and hour (Fair Labor Standards Act) violations

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Employee Lawsuits HappenStay Protected

AFA Insurance Program

The AFA Insurance Program is the exclusive insurance partner of the American Fence Association. Created by Alliant Insurance Services, Inc., AFA Insurance is the only program custom-built to address the unique risks of the fence industry, unlocking a wealth of benefits, including lower rates, broader coverage, and enhanced convenience. Because of the customized nature of the program and the strength of Alliant, the majority of AFA members can save significantly on insurance costs while broadening their coverage upon switching to AFA Insurance.