FEDS Protection Newsletter

November 2021



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Dear FEDS Members,


As we approach the holiday season after yet another tumultuous year for federal employees, all of us at FEDS Protection would like to extend our gratitude to all of you for choosing FEDS as your professional liability insurance (PLI) provider.  When it comes to the level of demands and scrutiny on federal employees, the dial seems to only go one way with each passing year—up.  


FEDS is especially thankful for our extensive partnerships with the leading federal employee associations, and after a 2020 filled with largely virtual conferences, 2021 brought the opportunity to re-connect with our members in person at a critical time for federal employees.  In 2021, in response to years of demand from our members, FEDS was also able to introduce a new $3 million policy limit coverage option.  This limit allows those federal employees at higher levels of exposure to further protect themselves and ensure their peace of mind.


As most of you are aware, FEDS Protection was acquired this year by CRC Group, a leading national wholesale distributor of specialty insurance products. This timely partnership will enable FEDS to continue expanding coverage options for public employees and contractors.


Again, we are thankful for each and every FEDS member, and will continue to do our level best to provide you all with the premier protection and customer service that FEDS members have come to expect from us.  Best wishes this holiday season, and stay safe.


Anthony F. Vergnetti

President, FEDS Protection


Federal Managers Face Liability Exposure Under RFRA


Federal managers across all agencies can be sued in their personal capacity for actions taken in the scope of their employment—a fact that not all federal managers are aware of. One often-overlooked civil liability exposure is under the Religious Freedom Restoration Act (RFRA) of 1993, which holds that all federal employees can be sued under this Act for claims that their work "substantially burden[ed] a person’s exercise of religion.” In Tanzin v. Tanvir (2020) the U.S. Supreme Court held that it is the intention of Congress that RFRA exposes federal employees to personal liability for monetary damages. This decision adds to the already extensive list of civil liability exposures for federal managers and may be especially relevant in the wake of President Biden’s vaccine mandate for federal employees and contractors.

The federal vaccine mandate presents a litany of potential challenges and exposure for federal managers. It appears federal managers will be responsible for reviewing COVID-19 vaccination religious exemption applications and making decisions regarding accommodations for their employees. Under RFRA, federal employees may potentially be able to sue managers for accommodation decisions that they deem to be an unfair violation of their religious freedoms. Federal managers may face further potential liability if they are tasked with writing religious accommodation guidelines related to the vaccination mandate for federal contractors. If the Department of Justice chooses to decline representation or indemnification, federal managers who are sued by their employees or contractors may be financially responsible for their own legal representation and could be held liable for monetary damages under RFRA, unless they have a FEDS Protection professional liability insurance (PLI) policy in place.


Read the full article here.



Client Testimonials 



"In today’s challenging workplace, federal managers confront a wide array of decisions requiring split-second responses in a 'do more with less' environment. The purchase of professional liability coverage, as offered by FEDS, can provide those managers with a safety net should their decisions lead to forms of legal review. I recommend any manager with the potential of such review to secure a policy of this type for their financial protection.”



Todd V. Wells

Executive Director, Federal Managers Association




FEDS Protection News


Unprecedented—Manager Responsibilities Enforcing the Vaccine Mandate, and How PLI From FEDS Protection Can Help


In this webinar, FEDS Protection President and Founder Tony Vergnetti reviews the professional exposures faced by IRS managers, as well as the protections against these exposures available through a professional liability insurance (PLI) policy. Mr. Vergnetti explains why PLI is so important, and why FEDS Protection is the PLI provider trusted by the nation’s leading federal government associations, including PMA.


Watch the recorded webinar here.



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