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

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims

Employment Law Observer
Aug 10, 2026
As Leaves Fall, Leave Requests Rise: Are You Compliant With Chicago’s Expanded Rules?

Press Release
Aug 7, 2026
Daniel McGrath Re-Elected Senior Director of the Federation of Defense & Corporate Counsel

Insights for Insurers Alert
Aug 7, 2026
California Supreme Court Clarifies Pleading Standards for Excess Policy Claims



