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EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM <br />THE <br />HARTFORD <br />by or on behalf of an "employee", an applicant for employment with an "insured entity", or an "independent <br />contractor". <br />"Employment practices claim" also means the receipt of a notice of violation, order to show cause, or a written <br />demand for monetary or injunctive relief that is the result of an audit conducted by the United States Office of <br />Federal Contract Compliance Programs. <br />"Employment practices claim" also means a written request to the "insureds" to toll or waive a statute of limitations <br />regarding a potential "Employment practices claim" as described above. Such "claim" shall be commenced by the <br />receipt of such request. <br />However, "employment practices claim" shall not include any labor or grievance proceeding or arbitration that is <br />subject to a collective bargaining agreement. <br />L. "Employment practices wrongful act" means: <br />1. wrongful dismissal, discharge, or termination of employment (including constructive dismissal, discharge, or <br />termination), wrongful failure or refusal to employ or promote, wrongful discipline or demotion, failure to grant <br />tenure, negligent employment evaluation, or wrongful deprivation of career opportunity; <br />2. sexual or other workplace harassment, including bullying in the workplace, quid pro quo and hostile work <br />environment; <br />3. employment discrimination, including discrimination based upon age, gender, race, color, creed, marital <br />status, sexual orientation or preference, gender identity or expression, genetic makeup, or refusal to submit to <br />genetic makeup testing, pregnancy, disability, HIV or other health status, Vietnam Era Veteran or other <br />military status, or other protected status established under federal, state, or local law; <br />4. "Retaliation"; <br />5. breach of any oral, written, or implied employment contract, including, without limitation, any obligation arising <br />from a personnel manual, employee handbook, or policy statement; or <br />6. violation of the Family and Medical Leave Act. <br />"Employment practices wrongful act" also means the following, but only when alleged in addition to or as part of <br />any "employment practices wrongful act" described above: <br />a. employment -related wrongful infliction of mental anguish or emotional distress; <br />b. failure to create, provide for or enforce adequate or consistent employment -related policies and <br />procedures; <br />c. negligent retention, supervision, hiring or training; <br />d. employment -related invasion of privacy, defamation, or misrepresentation; or <br />e. an "employee data privacy wrongful act". <br />M. "ERISA" means the Employee Retirement Income Security Act of 1974. <br />N. "Extradition costs" means reasonable and necessary fees and expenses directly resulting from a "claim" in which <br />an "insured person" lawfully opposes, challenges, resists or defends against any request for the extradition of <br />such "insured person" from his or her current country of employ and domicile to any other country for trial or <br />otherwise to answer any criminal accusation, including the appeal of any order or other grant of extradition of <br />such "insured person". <br />O. "Financial insolvency" means the status of an "insured entity" as a result of: <br />1. the appointment of any conservator, liquidator, receiver, rehabilitator, trustee, or similar official to control, <br />supervise, manage or liquidate such "insured entity"; or <br />2. such "insured entity" becoming a "debtor in possession". <br />P. "Independent contractor" means any natural person working in the capacity of an independent contractor <br />pursuant to an "independent contractor agreement". <br />eGF �D <br />Form SL 55 02 10 18 ��/ 1°x REVIEWED & APPROVED BY.- <br />© 2018, The Hartford <br />(May include copyrighted material of Insurance Services Office, Inc., with its 1— WWR r skPjanagementAnalpt <br />