Submission Date:
Question:
Is there professional insurance for librarians? Given the book-banning lawsuits, do librarians and library workers need additional insurance to cover possible lawsuits? Other states have passed laws fining library workers $10,000. Besides the library's D and O insurance, do librarians and library workers need additional insurance coverage?
Answer:
There are many types of insurance, and many types of "exclusions" to risks covered by insurance.
Because of this, there is no one answer to this question. A library can have "general commercial liability" and "D&O", and "E&O", and "professional liability" coverage...and could still not have coverage for a claim related to library content.
Because of this, rather than examine "types" of coverage, the questions for a board selecting or renewing coverage should be:
Our library is aware that in parts of the country, librarians are being threatened with criminal prosecution for providing access to content as part of their job. We want to indemnify and commit to defending any of our employees who are threatened for doing what their job and our policies require them to do. Does our policy cover costs incurred by the library for providing such an indemnification and defense?
and
Our library is aware that in parts of the country, librarians are being harassed and/or threatened by members of the public for providing access to content as part of their job. Does the carrier provide resources or risk management support in the event such acts aimed against our employees and volunteers?
For library employees and volunteers, the questions are a bit different:
As the board is aware, librarians across the country are being threatened with criminal prosecution for providing access to content as part of their job. I would appreciate assurance that the library will commit to indemnifying and defending any of our employees who are threatened for doing what their job and our policies require them to do. Can the board pass a resolution assuring us of that?
and
As the board is aware, librarians across the country are being harassed and/or threatened by members of the public for providing access to content as part of their job. What resources or risk management support will the library provide employees and volunteers in the event such acts aimed against them?
An important take-away here is that not all risk can or should be mitigated only by insurance.
Organizations facing expenses, disruption, and threats to employees as the result of protest and intimidation generally have an array of protections they can use to prepare for risk. This array can include insurance, but can also include:
- Budgeting for contingent needs (such as PR assistance, legal, security, private investigators, and added security);
- Using policy and procedure to prepare for likely scenarios;
- Staff and volunteer training;
- Connecting with advocacy groups (locally and beyond);
- Planning with local law enforcement and the district attorney's offices.
While the question is about insurance (and the answer is: yes, you can get insurance that covers just about anything...just read the fine print to make sure what you think is covered is actually covered), it is really about protection.
Insurance can be great protection, and libraries should use the two questions above to confirm (in writing) that their current policies protect their trustees, employees, and volunteers for First Amendment-related contingencies.
But insurance is just one part of that protection. When it comes to attacks based on library content, solid policies, a knowledgeable board, and a confirmed commitment by leadership to stand with employees when the going gets tough are just as important.
Thanks for a great question.
Tag:
Book challenges, Insurance, Liability, First Amendment, Policy
