The New Workplace Reality: Why Your EPLI Policy Needs a 2026 Refresh
The professional world of 2026 looks vastly different than the one we navigated just a few years ago. As businesses lean into generative artificial intelligence, manage permanent hybrid workforces, and adapt to a surge of strict new state labor laws, the risks facing employers have fundamentally changed.
If you haven’t conducted a thorough review of your Employment Practices Liability Insurance (EPLI) policy lately, your business may be exposed to significant financial gaps. At Morning Star Agency Insurance Services, we know that an outdated insurance strategy can be a major liability. Here is why your EPLI policy needs a strategic 2026 refresh.
1. The Challenge of “Algorithmic Discrimination”
By 2026, using AI to filter resumes, track performance, and determine promotions has become the industry standard. However, these digital tools have also become a target for legal action. Newer laws in states like California, Colorado, and Illinois now require companies to be transparent about when and how AI influences hiring decisions.
The Equal Employment Opportunity Commission (EEOC) is also cracking down on “algorithmic bias”—situations where AI software inadvertently discriminates against certain groups based on biased data.
The Risk: Older EPLI policies often lack specific language regarding AI-driven decisions. A policy refresh ensures you are covered for “wrongful acts” committed by your software just as much as those committed by your human managers.
2. Proximity Bias in the Hybrid Era
While remote work offers great flexibility, it has introduced a new brand of workplace friction. We are seeing a rise in “proximity bias” claims, where remote employees allege they were passed over for promotions or given harsher performance reviews than their coworkers who show up to the office in person.
Furthermore, the blurred lines between home and work have led to an increase in digital harassment and wage disputes:
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Digital Misconduct: Harassment now frequently occurs in private Slack channels or Zoom chats, creating a complex digital paper trail.
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Off-the-Clock Work: Remote staff may claim they were pressured to respond to messages after hours without pay, leading to expensive “wage and hour” disputes that many older policies aren’t equipped to handle.
3. A Rapidly Changing Legal Landscape
2026 has been a landmark year for new labor regulations. From expanded pay transparency requirements to bans on “stay-or-pay” contracts, the cost of an oversight has never been higher.
| 2026 RISK FACTOR | POTENTIAL CLAIM |
| Pay Transparency | Lawsuits over wage gaps revealed by public salary listings. |
| Biometric Privacy | Fines for using fingerprints or facial scans without proper consent. |
| Synthetic Media | Claims involving “deepfake” impersonations or digital harassment. |
Many standard business insurance packages specifically exclude these types of employment claims. Without a modern EPLI endorsement, your company could be forced to pay hundreds of thousands of dollars in legal defense fees out of pocket.
4. Mental Health and the “Duty to Accommodate”
In today’s economy, mental health is no longer a side issue; it is a primary driver of Failure to Accommodate lawsuits. Under the Americans with Disabilities Act (ADA) and new state rules, employers are expected to provide “reasonable accommodations” for conditions like burnout, anxiety, and neurodivergence. If your HR documentation isn’t up to date, you may find yourself defenseless in a dispute.
Protect Your Bottom Line
The financial stakes are incredibly high. The average cost to settle a discrimination or disability claim now exceeds $125,000, and court judgments can easily double that amount. For a small to mid-sized business, one uninsured lawsuit can be devastating.
How Morning Star Agency Can Help
At Morning Star Agency Insurance Services, we specialize in customizing EPLI coverage to fit your specific industry and location. We don’t just sell policies; we help you build a shield for your company’s future in an unpredictable world. Give us a call at 1-866-546-5598, and allow us to become your trusted partner in insurance.
