EPLI Insurance for Janitorial Services in Pennsylvania: Employment Practices Liability Coverage

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Pennsylvania janitorial businesses operate under both the Pennsylvania Human Relations Act, which covers employers with 4 or more employees, and Philadelphia's Fair Practices Ordinance, which applies to employers with 1 or more employees within city limits. The state's janitorial workforce in Philadelphia and Pittsburgh includes large Puerto Rican, Dominican, Southeast Asian, and West African communities, with workers concentrated in overnight commercial cleaning, healthcare facility sanitation, and university and campus maintenance contracts. Overnight isolation, chemical exposure, and client-site work conditions create a familiar EPLI risk pattern. The Pennsylvania Human Relations Commission investigates charges and has a reputation for thorough investigations that generate substantial document production costs even before any hearing. Defense costs for a PHRC charge run $20,000 to $55,000 before any settlement.

Embroker provides EPLI for Pennsylvania janitorial businesses online, with multiple carrier quotes through a single application.

Quick Answer: What Does EPLI Insurance Cost for Janitorial Services in Pennsylvania?

Business Size	Annual Premium Range
Owner plus 1 to 3 employees	$700 to $1,700
Small business, 4 to 15 employees	$1,700 to $4,200
Established operation, 16 to 40 employees	$4,200 to $9,500
Larger operation, 40+ employees	$9,500 to $22,000+

Philadelphia-based businesses pay toward the upper end due to the city's Fair Practices Ordinance applying from the first employee. Businesses with prior PHRC charges or operating in healthcare settings see elevated premiums.

What EPLI Insurance Covers for Janitorial Services

Wrongful Termination Claims

Wrongful termination claims in Pennsylvania's janitorial sector arise most frequently when workers are let go after engaging in protected activity: reporting harassment, filing a wage complaint, or raising a chemical safety concern. Under the PHRA's 4-employee coverage, those claims go to the Pennsylvania Human Relations Commission. Under Philadelphia's ordinance, they go to the Philadelphia Commission on Human Relations, which applies to all employers in the city.

EPLI covers defense attorney fees, Commission response costs, and any judgment or settlement from wrongful termination claims filed at any level from the PHRC to federal court.

Harassment at Client Sites

Pennsylvania's PHRA recognizes employer liability for harassment by non-employees when the employer knew or should have known about the conduct and failed to take corrective action. Philadelphia's FPO applies the same standard. Janitorial businesses that learn a client's overnight staff is harassing their workers have an obligation to investigate and respond, and failure to do so creates PHRC and PCHR liability.

EPLI covers defense and settlement costs for third-party harassment claims, including those arising during overnight shifts at client facilities across Philadelphia, Pittsburgh, and other Pennsylvania markets.

National Origin Discrimination

Pennsylvania's janitorial workforce in Philadelphia includes large Puerto Rican and Dominican communities in North Philadelphia, West African communities in West Philadelphia, and Southeast Asian communities concentrated in South Philadelphia. Pittsburgh's janitorial workforce has growing Latinx and Bhutanese populations. National origin discrimination claims involve pay disparities, shift assignment patterns that disadvantage foreign-born workers, and terminations that correlate with language-based supervisory decisions.

EPLI covers national origin discrimination claims under the PHRA, the Philadelphia FPO, and federal Title VII for janitorial businesses across Pennsylvania.

OSHA Chemical Retaliation Claims

Pennsylvania janitors work with industrial cleaning products in commercial, healthcare, and educational settings. Workers who report unsafe chemical handling, inadequate PPE, or missing SDS documentation are protected from retaliation under OSHA Section 11(c). Pennsylvania also has its own Department of Labor and Industry safety enforcement framework, though federal OSHA jurisdiction applies to most private janitorial businesses. EPLI covers retaliation claims following safety complaints at any stage.

Pennsylvania Employment Law: What Janitorial Business Owners Must Know

The Pennsylvania Human Relations Act applies to employers with 4 or more employees. Protected classes include race, color, religious creed, ancestry, national origin, sex, age (40 to 70 under state law, with no upper limit under federal law), disability, and use of a guide or support animal.

The statute of limitations for filing a PHRC charge is 180 days from the alleged discriminatory act. However, for cases where a federal charge is also filed with the EEOC under the work-sharing agreement, the window extends to 300 days. Charges filed with the PHRC are cross-filed with the EEOC automatically.

Philadelphia's Fair Practices Ordinance covers employers with 1 or more employees within city limits and prohibits discrimination based on a broader list of protected characteristics including sexual orientation, gender identity, marital status, familial status, and domestic or sexual violence victim status. Philadelphia janitorial businesses face claims under three simultaneous frameworks: the PHRA, the FPO, and federal law.

Pittsburgh does not have an ordinance as expansive as Philadelphia's, but Allegheny County has its own human relations provisions that may apply depending on the municipality where client sites are located.

Pennsylvania's wage law creates additional exposure for janitorial businesses that treat pre-shift chemical preparation, security badge check-in processes, and post-shift equipment storage as off-the-clock time. The Pennsylvania Minimum Wage Act covers these claims alongside FLSA exposure. A wage and hour defense endorsement on an EPLI policy covers the attorney fees for those proceedings.

Frequently Asked Questions

I have 3 employees and work only in Philadelphia. Does the Philadelphia FPO apply to me?

Yes. Philadelphia's Fair Practices Ordinance covers employers with 1 or more employees within city limits. With 3 employees doing work at Philadelphia client sites, you are fully subject to the FPO's discrimination and harassment prohibitions. The FPO's protected class list is broader than the PHRA, and the Philadelphia Commission on Human Relations actively investigates charges from small businesses.

The PHRC filing deadline is 180 days. Is that shorter than in other states?

Yes, Pennsylvania's 180-day deadline is shorter than states with extended windows that reach 300 days. Employees must act relatively quickly to preserve state-level PHRA claims. However, if the EEOC cross-files the charge, the federal 300-day window may apply. EPLI responds to charges regardless of which deadline the employee used to file.

My business cleaned a hospital in Pittsburgh where a patient made a racist comment to one of my janitors. Does that create EPLI exposure?

Third-party harassment in a healthcare setting creates the same PHRA liability as a comment from a client's employee. You have an obligation to investigate and respond once you are aware of the conduct. Document the incident, the action you took, and the outcome. If the worker later files a charge, EPLI covers the defense costs. The healthcare setting does not change the analysis, though it may intensify the stakes given healthcare worker protection frameworks.

Does EPLI cover discrimination claims from workers who are undocumented?

Yes. Both the PHRA and federal Title VII protect workers regardless of immigration or documentation status. Undocumented workers can file EEOC and PHRC charges, and courts and agencies apply the same framework to their claims as to citizens' claims. EPLI covers defense costs for discrimination and harassment claims from workers regardless of their immigration status.

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This article is for informational purposes only and does not constitute legal or insurance advice. Consult a licensed insurance professional for guidance specific to your business.