Who is responsible?
Most employers know that they are responsible for their own actions. You may not be aware that, under discrimination laws, there are circumstances where you are also responsible for the actions of your employees.
For employers this means that there is individual liability and corporate or 'vicarious' liability.
When one of your staff - whether they are a receptionist or senior executive - acts in a discriminatory way, your business can be held responsible.
This applies unless you can show how you have taken all reasonable steps to prevent discrimination.
For example, in the case of sexual harassment, the employer could be liable for harassment committed between employees if:
- the employer or an appointed representative knew about it (or should have known about it), and
- the employer did not do anything to stop it or prevent it from happening again.
Similarly, if someone authorised by an employer to hire staff discriminates unlawfully when recruiting for a particular position, the employer could be liable for the hirer's action—unless the hirer was acting against the employer's specific instructions.
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