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Is an employer liable for the discriminatory conduct by its employees?

Is an employer liable for the discriminatory conduct by its employees?

Yes, employers can be liable for anything discriminatory that is done by an employee, agent, consultant or contractor in the course of their employment (no matter how junior the employee may be and irrespective of whether the employee’s actions were done with the employer’s knowledge or approval).

An employee alleging discrimination can bring a claim against the alleged discriminator personally and the employer.