Anyone who discriminates against anyone else, sexually harasses or vilifies them, is responsible and may be liable under the law. An employer can also be held liable for any discriminatory conduct of their workers. An employer is vicariously liable for acts committed by their employees in connection with their duties unless it can be shown that “all reasonable steps” were taken by the employer to prevent the discrimination occurring. The fact that an employer was not aware that the discriminatory conduct was occurring will not save the employer from liability.

Steps that an employer can take to minimise potential exposure to discrimination claims include:

• preparation and regular circulation of a written policy prohibiting workplace discrimination and harassment;

• ensuring all staff are properly trained about workplace discrimination and harassment and its prevention and that this training is periodically updated;

• establishing effective complaint procedures;

• treating all complaints seriously and investigating them promptly and thoroughly;

• ensuring that appropriate action is taken to address and resolve complaints; and

• ensuring that policy and procedures are reviewed regularly.