Comparing 2022 to 2021, more employees alleged disability discrimination, including episodes related to mental health. Because of that, more employers had to deal with an issue that can be costly and bring negative publicity. What does this increase in disability discrimination charges and claims mean for businesses, and how does insurance get involved? We asked Chris Williams, Employment Practices Liability Product Manager at Travelers.

Has the Employment Practices Liability industry seen a spike in disability discrimination claims?

There has been an increase in the number of disability discrimination charges filed with the Equal Employment Opportunity Commission, so that's a strong indication that there has been a corresponding increase in similar claims filed with insurance carriers. There was a 9% jump in disability discrimination charges filed with the EEOC from 2021 to 2022, the most recent year statistics are available.

Why have we seen an increase in EEOC charges alleging discrimination on the basis of anxiety, depression and post-traumatic stress disorder?

There is more general awareness of mental health issues – both among society at large and in the workplace. Plus, there are many people who are suffering with mental health conditions. According to data from the National Alliance on Mental Illness, approximately 1 in 5 adults in the United States, or 57.8 million adults, experience an occurrence of mental illness each year.