Navigating EPL Trends Across North America: Key Risks and Insights for 2025 Webinar Recap

Employment Practices Liability (EPL) risks are becoming increasingly complex as workplace norms shift and legal standards continue to evolve. During our most recent webinar, industry experts from across North America came together to explore the latest EPL trends and offer practical insights for brokers, underwriters, and risk managers.

This timely session covered both Canadian and U.S. perspectives, focusing on how changes in politics, economics, and technology are reshaping the employment litigation landscape. Here’s a recap of the key takeaways from the discussion:

Shifting Employment Trends and Risk Factors

Industry experts shed light on the evolving employment trends and risk factors in Canada and the United States. When discussing Canada, discourse centered around growing challenges with return-to-office mandates, which are often at odds with employee preferences, as well as increasingly targeted layoffs that carry potential legal scrutiny. Experts noted a recalibration of Diversity, Equity, and Inclusion (DEI) initiatives, as organizations navigate shifting social and political expectations. Meanwhile, state-specific EPL exposures and the accelerating use of artificial intelligence in HR processes—tools that offer efficiency but also introduce risks around bias and discrimination— served as a prominent topic of topic of discussion amongst experts when examining employment risk factors in the U.S.

The Legal and Economic Impact of Workplace Shifts

A central theme of the session was the legal and economic impact of ongoing workplace shifts. Remote and hybrid work models are blurring the lines of traditional employment policies, leading to uncertainty in enforcement and compliance. At the same time, changing DEI strategies and economic pressures are giving rise to new claims scenarios. The panel emphasized that these workplace transitions create novel risks, making it imperative for employers to remain proactive and legally informed to protect themselves from reputational harm and litigation.

Tailoring EPL Coverage for Today’s Environment

The discussion also stressed the importance of tailoring EPL insurance coverage to today’s complex risk environment. Brokers and underwriters were encouraged to re-evaluate policy limits and exclusions to reflect current exposures. Industry-specific risks—especially in heavily regulated sectors—require customized approaches, and proper documentation of employment decisions was highlighted as a key defense strategy in the event of a claim.

Proactive Risk Mitigation Strategies

To mitigate risk, experts recommended implementing a proactive approach to employment practices. This includes ongoing legal and compliance training for HR and management, clear and transparent communication during workforce changes such as layoffs, and the early integration of legal expertise when developing or revising internal policies. These steps not only reduce the likelihood of claims but also strengthen the overall resilience of an organization in an evolving legal and cultural landscape.

Importance to Professional Liability Practitioners

This webinar is especially valuable for professional liability practitioners, as it provides critical insights into the fast-changing landscape of Employment Practices Liability (EPL) across Canada and the U.S. With evolving legal standards, shifting workplace dynamics, and emerging risks such as the use of AI in HR and the reassessment of DEI initiatives, staying informed is essential. The session equips practitioners with the knowledge needed to better assess exposures, tailor coverage solutions, and proactively guide clients through complex employment-related challenges. By understanding the latest trends and legal developments, professional liability specialists can enhance their advisory role and ensure more robust risk management strategies for their clients.

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Meet the Speakers

Robyn Campbell is a leading advisor on risk and insurance to companies and senior executives across Canada and is a nationally recognized expert in the field of director and officer liability, risk and insurance. She advises many publicly traded companies in Canada and the United States and their directors and officers, as well as, private companies, Crown Corporations, and not-for-profit organizations. Robyn is the national leader of Marsh’s Financial and Professional Services (FINPRO) team, who are responsible for advising board across Canada with regard to executive lines risk (D&O, EPL, Fiduciary, Crime and Kidnap & Ransom).

Prior to taking on the FINPRO leadership role, Robyn led the FINPRO Claims Advocacy Practice for Canada. In this role, Robyn advised and advocated on behalf of Marsh clients in the resolution and management of complex claims including multinational securities class actions, with an emphasis on D&O liability. Robyn also acts as an instructor at the Directors Education Program sponsored by the Institute of Corporate Directors at the University of Toronto’s Rotman School of Management and other leading business schools in Canada.

Michael Becker is a highly experienced insurance executive serving as Vice President and Management Liability Product Officer at Zurich North America. With over 20 years of management liability experience and 31 years of insurance industry experience, Michael supports the Management Liability Underwriting Team at Zurich, concentrating on public company Directors & Officers (D&O), Employment Practices Liability (EPL), Fiduciary Liability, and Commercial Crime insurance products.

In his current role, Michael drives product innovation and develops customer-centric underwriting strategies aimed at fostering renewal retention, achieving new business growth, and enhancing profitability. His deep industry insights and strategic recommendations help optimize underwriting processes and enable Zurich North America to maintain competitive policy offerings and coverage extensions.

Laurence Gévry-Fortier is a seasoned insurance professional with 15 years of experience in claims management and legal practice. In 2021, Laurence joined Victor Canada as Senior Claims Leader for Directors & Officers. Currently serving as the Senior Vice President of Claims for Errors & Omissions and Directors & Officers at Victor Canada since August 2024, Laurence oversees a large team of experienced analysts that handle claims arising from a broad range of areas, including Directors & Officers (D&O), Employment Practices Liability, Errors & Omissions (E&O) and cyber liability. She has established a reputation for excellence in navigating complex claims and providing strategic leadership in the insurance sector. Fluent in both English and French, Laurence is committed to delivering exceptional claims service and fostering strong relationships with insureds and brokers. Her dedication to the insurance industry and her extensive knowledge make her a valuable asset to Victor Canada and the broader insurance community.

Justine Laurier specializes in complex litigation and is trusted by clients to handle their most sensitive matters. Her practice focuses on all areas of labour and employment law for both federally- and provincially regulated undertakings.  Justine is the Regional Manager of BLG’s Labour and Employment group in Montréal.

Justine provides strategic advice on collective labour relations to numerous companies across sectors. She acts on their behalf before civil and administrative law courts and tribunals, including, but not limited to, the Administrative Labour Tribunal, the Superior Court, the Québec Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada.

Clients look to Justine for strategic counsel on their most high-stake issues, including non-competition and non-solicitation obligations, hiring and dismissing employees, managers, directors and executives, and allegations of discrimination and psychological or sexual harassment and human rights.

Justine brings extensive experience with workplace harassment investigations and in conflicts prevention. She accompanies clients throughout the process and conducts investigations on their behalf. She also acts a lead workplace investigator.