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

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

Healthcare Alert
Jul 24, 2026
Q&A: Right to Electronic Monitoring Extended to Illinois Assisted and Shared Living Facilities

Press Release
Jul 23, 2026
Insurance Partner Christophe Burusco Joins Hinshaw in Los Angeles

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

