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Racial and sexual harassment fall under
discrimination legislation and therefore
the employer is liable for the acts of
its employees in the course of their
employment. It is not always clear
whether an act of harassment should be
regarded as 'in the course of
employment. If the harasser is acting in
a supervisory role, his or her act of
harassment is more likely to be deemed
to be in the course of employment than
if the harasser is in a subordinate
position.
Employers, however, can avoid liability
for the action of an employee in the
course of employment if they can prove
that they took such steps as were
reasonably practicable to prevent the
employee from committing a certain act,
or from committing acts of that
description in the course of his or her
employment.
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The Interactive
Law Group