The shift to flexible work has created a new category of workplace risk that many HR leaders underestimate. Tooher-Ferraris Insurance Group supports organizations by helping them understand these emerging exposures and build stronger HR and Human Capital Management strategies before issues escalate into claims.
As workplaces evolve, so do the liabilities. These changes have opened the door to employment practices insurance claims that did not exist a few years ago.
Recent data reflects the speed of this shift. The EEOC reported more than 81,000 workplace discrimination charges in 2023, marking a noticeable rise from pre-pandemic levels. For HR executives, these numbers signal a need to reassess internal processes through a modern lens to look for EPLI risks in 2026.
1. The Hidden Risks of Remote Work Cultures
Remote and hybrid models have improved productivity, yet they come with subtle liabilities. Informal communication through chat tools increases the risk of harassment allegations.
Unsupervised digital interactions and inconsistent documentation also increase the likelihood of performance management disputes. HR teams that rely on outdated oversight methods often discover too late that informal digital behavior can be interpreted as misconduct during an investigation.
2. Digital Communication and the Rise of Misinterpretation Claims
Workplace communication now happens in short messages, emojis, and rapid exchanges across multiple platforms. This environment can fuel claims of retaliation or hostile conduct because tone and intent are harder to interpret.
According to a recent Gartner survey, nearly 47 percent of employees struggle to find the information they need to perform their work. Businesses that lack clear communication protocols face heightened EPLI exposure.

3. Algorithm-Based Hiring and Discrimination Allegations
AI-powered hiring tools promise efficiency, but they have also introduced bias concerns. Several state agencies have already initiated reviews of algorithm-based recruitment models after detecting potential disparate impact in screening decisions.
HR leaders who adopt automated tools without auditing their inputs and outputs risk facing discrimination claims tied to age, gender, or ethnicity. These exposures are expected to grow as more companies integrate AI into early-stage applicant filtering.
4. Strengthening Protection Through Strategic HR Governance
Emerging EPLI risks in 2026 aren’t a sign to slow innovation. Instead, they highlight the importance of structured HR governance. Tooher-Ferraris Insurance Group assists organizations by evaluating internal practices and identifying areas where remote work, digital interactions, or AI tools may increase liability.
When clients strengthen training programs, update communication policies, and implement consistent documentation procedures, they reduce the likelihood of costly disputes while still enabling workplace flexibility.
How Leaders Can Stay Ahead of the New EPLI Risks
Professional audiences are increasingly aware that tomorrow’s liability issues will not resemble yesterday’s. Proactive HR oversight is now a strategic necessity.
Tooher-Ferraris Insurance Group helps HR leaders navigate modern workplace risks with informed guidance, employment practices insurance, and professional liability insurance in Connecticut.
If your organization is adapting to remote work, digital communication, or AI hiring, now is the time to strengthen protections. Contact our team to evaluate your EPLI exposures before claims arise.





