EPLI Insurance for Landscapers in Pennsylvania: Employment Practices Liability Coverage

Affiliate disclosure: Dareable earns a commission when you purchase coverage through links on this page. This does not affect our recommendations.

Pennsylvania landscaping businesses operate across a state with a robust state civil rights framework and a four-employee threshold for coverage under the Pennsylvania Human Relations Act. The Philadelphia metro, Pittsburgh, and suburban markets generate consistent landscaping industry employment claims, driven by seasonal crew patterns, H-2B visa worker issues, and OSHA heat illness retaliation in summer operations. Defense costs for a PHRC or EEOC charge in Pennsylvania run $35,000 to $65,000 before any settlement. The PHRA's broad reach and the Philadelphia FHRC's additional protections for city businesses make EPLI a meaningful cost control tool for landscaping operations in the state.

Embroker provides EPLI for Pennsylvania landscaping businesses online with quotes from multiple carriers through a single application.

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

Business Size	Annual Premium Range
Owner plus 1 to 3 employees	$700 to $1,800
Small crew, 4 to 12 employees	$1,800 to $4,300
Established operation, 13 to 35 employees	$4,300 to $9,500
Larger operation, 35+ employees	$9,500 to $21,000+

Philadelphia-area businesses face additional exposure under the Philadelphia Fair Practices Ordinance, which applies to employers with one or more employees within the city. Premiums for businesses operating in Philadelphia County or with regular accounts in the city tend to run toward the higher end of each range.

What EPLI Insurance Covers for Landscapers

Wrongful Termination of Seasonal Crew Members

Pennsylvania landscaping businesses run strong spring and summer seasons and reduce crews significantly in the fall. The Pennsylvania Human Relations Act prohibits termination based on race, color, religion, sex, national origin, ancestry, disability, age, and familial status for employers with four or more employees. When seasonal release patterns consistently favor workers of one background over another, or when H-2B workers are not offered return positions based on criteria that track national origin, a wrongful termination claim follows. EPLI covers attorney fees, investigation costs, and any judgment or settlement for wrongful termination claims filed with the Pennsylvania Human Relations Commission or the EEOC.

Harassment at Residential and Commercial Properties

Pennsylvania landscaping crews work at residential neighborhoods in the Philadelphia suburbs, the Pittsburgh metro, and rural agricultural markets. Crew leader conduct, worker-to-worker harassment, and client conduct at job sites can all create employer liability. The PHRA requires employers to investigate harassment complaints and take corrective action. Philadelphia businesses face additional exposure under the Philadelphia Fair Practices Ordinance, which applies from the first employee in the city and has been interpreted broadly by the Philadelphia Commission on Human Relations.

EPLI covers investigation costs and any settlement or judgment for harassment claims arising from crew-based work environments.

National Origin Discrimination in Crew Assignment

Pennsylvania's landscaping workforce includes workers from Latin American countries, the Caribbean, and Eastern Europe. When crew assignment, scheduling, or compensation decisions consistently disadvantage workers of a particular national origin, discrimination claims follow. The PHRC has jurisdiction over national origin discrimination claims statewide, and the Philadelphia FCHR has jurisdiction within the city. EPLI covers the cost of defending national origin discrimination claims through resolution at either agency.

OSHA Heat Illness Retaliation

Pennsylvania summers produce heat conditions that create OSHA risk for outdoor landscaping crews, particularly in urban areas. Federal OSHA applies to private Pennsylvania landscaping businesses. Employees who report heat illness, request shade or water, or complain about unsafe heat conditions are protected from retaliation under OSHA Section 11(c). Pennsylvania also has an Office of Occupational Safety and Health that supplements federal OSHA enforcement. When a termination or adverse action follows a heat-related complaint, EPLI covers the defense of that retaliation claim.

Pennsylvania Employment Law: What Landscaping Business Owners Must Know

The Pennsylvania Human Relations Act applies to employers with four or more employees and prohibits discrimination based on race, color, religion, sex, national origin, ancestry, disability, age, use of guide animals, and familial status. The statute of limitations for filing a PHRC complaint is 180 days from the discriminatory act. After the administrative process, claimants can file a civil lawsuit in Pennsylvania state court.

Philadelphia businesses face a separate layer under the Philadelphia Fair Practices Ordinance, which applies to employers with one or more employees within the city and covers additional protected classes including sexual orientation, gender identity, and source of income. The Philadelphia Commission on Human Relations actively enforces the FPFO, and city businesses face a higher frequency of claims than businesses operating exclusively in suburban or rural markets.

Pennsylvania does not mandate statewide harassment prevention training, but the PHRC has issued guidance encouraging employers to adopt written policies and conduct regular training. Philadelphia businesses should confirm whether city-specific training requirements apply to their size and sector.

H-2B workers employed in Pennsylvania are protected by the PHRA and the FPFO (if working in Philadelphia) on the same basis as permanent residents or U.S. citizens. They are also protected by Department of Labor H-2B program regulations covering wage and working condition parity.

Document employment decisions consistently. Apply seasonal termination criteria in writing before the season ends. Respond to internal harassment complaints through a documented process. EPLI is the financial protection when those steps are not enough.

Frequently Asked Questions

What additional protections does the Philadelphia Fair Practices Ordinance provide for landscaping workers?

The FPFO applies to employers with one or more employees within Philadelphia and covers sexual orientation, gender identity, and domestic partnership status in addition to the PHRA's protected classes. It also applies a broader interpretation of discrimination than the PHRA in some areas. Philadelphia landscaping businesses face charge volume from both the PHRC and the Philadelphia FCHR, and EPLI covers claims filed with either agency.

Do H-2B workers in Pennsylvania have PHRA protections?

Yes. The PHRA applies to employees working in Pennsylvania regardless of visa or immigration status. H-2B workers who experience discrimination or harassment can file PHRC charges and receive back pay, reinstatement, and compensatory damages. EPLI covers claims brought by H-2B workers.

How does EPLI handle PHRC charges versus EEOC charges in Pennsylvania?

EPLI covers the defense of charges filed with either the PHRC or the EEOC. The two agencies have a worksharing agreement, meaning charges filed with one are automatically dual-filed with the other. The underlying claims are covered by EPLI regardless of which agency investigates first or issues a right-to-sue letter.

What is the wage and hour defense endorsement and should Pennsylvania landscaping businesses consider it?

The wage and hour defense endorsement is an optional addition to EPLI that covers the cost of defending wage claims without paying the underlying amounts owed. Pennsylvania's Minimum Wage Act and overtime requirements generate wage complaints from seasonal workers whose hours and pay vary across the season. The endorsement is worth considering for businesses with large hourly crews where scheduling is variable.

---

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.