Both the state and federal government have in place anti-discrimination laws which are aimed to protect people from discrimination and harassment.

These laws are aimed at preventing discrimination due to a number of factors which include (but are not limited to) age, disability, race, colour, sex, religion and marital status.

Whilst state and federal laws generally cover the same grounds and areas of discrimination, there are some 'gaps' in the protection that is offered between different states and territories and at a Commonwealth level. In addition, there are circumstances where only the Commonwealth law would apply or where only the state law would apply.

Under federal anti-discrimination law an employer, regardless of their size, may be legally responsible for discrimination and harassment which occurs in the workplace or in connection with a person’s employment unless it can be shown that ‘all reasonable steps’ have been taken to reduce this liability. This legal responsibility is called ‘vicarious liability’.

‘All reasonable steps’ is not defined in the legislation because what is reasonable for a large corporation may not be reasonable for a small business. Rather it is worked out on a case-by-case basis. However, it does mean that employers must actively implement precautionary measures to minimise the risk of discrimination and harassment occurring. An employer may be held vicariously liable for the actions of employees if they have not taken all reasonable steps to prevent the discrimination and harassment from occurring both within the usual work environment and at employer events, such as sponsored seminars, conferences, work functions, Christmas parties, business or field trips.

An employer may be vicariously liable for the conduct of:

• individual employees or groups of employees;
• directors, supervisors or managers;
• workplace participants (where two people work on the same premises, but have different employers);
• agents (eg. insurance salespersons operating on a company’s behalf );
• contract workers or people being paid commission;
• a partner of a company harassing another partner;
• members of organisations which grant occupational qualifications;
• a person employed by a trade union harassing a member; and
• a person operating an employment agency who harasses someone who uses the agency.

We can provide advice to individuals who feel as though they have been subjected to discrimination, as well as businesses and corporate entities who are presented with a claim, or looking at putting in place policies and procedures to prevent discrimination in the workplace.

We are also experienced in conducting workplace seminars and training on these important issues.

Call one of our Commercial Lawyers for free initial telephone advice on your circumstances on (02) 9525 8688.