Hinshaw Attorneys Discuss Employment Practice Liability Insurance Implications of DEI Policies
Featured in a new Daily Business Review byline
In The News | 1 min read
Jan 7, 2026
Hinshaw attorneys Jenelle La Chuisa, Wadad Barakat, and Lauren Swanson have co-written a new bylined article for the Daily Business Review called “Navigating the DEI Crossroads: EPLI Coverage Risks in a Two-Sided Litigation Era.”
The authors describe how companies now confront the risk of discrimination claims from two different avenues—both from those challenging DEI policies and those responding to DEI rollbacks—and explain why these issues are likely to test employment practices liability insurance in new ways.
Key Topics Covered in the Article
-
- The Shifting Landscape: Post-SFFA scrutiny, new executive orders, and agency actions have widened challenges to corporate DEI, creating regulatory uncertainty and increasing litigation exposure for employers.
- The Two-Front DEI Claims: Simultaneous risks from majority-group discrimination suits targeting DEI-forward practices and from retaliation/hostile-environment claims following DEI rollbacks, with practical examples from recent matters.
- The DOJ’s False Claims Act Initiative: The U.S. Department of Justice’s (DOJ) use of the False Claims Act (FCA) as a DEI enforcement lever against federal fund recipients, the effect of contractor certifications, and how treble damages and investigations can rapidly exhaust defense limits.
- Coverage Considerations: The definitions of “claims,” “investigation,” and “wrongful employment act,” plus retaliation coverage, conduct exclusions, third‑party coverage, and D&O/EPLI allocation.
- Risk Management Playbook: Actionable steps for policyholders and carriers, including program audits, communications controls, training, broker-led wording reviews, coordinated notices, and more.
- The Road Ahead: Increased retaliation filings and evolving state/federal enforcement are forecasted, meaning insurers and policyholders should revisit EPLI terms now as DEI-related disputes reshape pricing, allocation, and coverage.
-
- Daily Business Review: “Navigating the DEI Crossroads: EPLI Coverage Risks in a Two-Sided Litigation Era” (December 29, 2025)
Related People
Related Capabilities
Related Locations
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 18, 2026
Three Key Mortgage Enforcement Developments for Lenders in Illinois

In The News
Jun 12, 2026
Jennifer Driscoll Discusses Antitrust Case Against Shipping Container Manufacturers

Privacy, Cyber & AI Decoded Alert
Jun 12, 2026
Hot Topics in Data Privacy: Staying Cool and Compliant This Summer

Press Release
May 20, 2026 | Updated June 18, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Press Release
Jun 11, 2026
Nia Binns Honored With 2026 Rising Star Award by the Black Women Lawyers’ Association

Insights for Employers Alert
Jun 9, 2026
A Win for Employers: Federal District Court Finds $100,000 H-1B Visa Petition Fee is Unlawful






