legal matters

Q

One of our lower managers, Peter, recently made a racist comment to an employee, Beth, in the workplace. When it was reported to our human resources department, we took immediate steps to address the issue. Beth filed a Human Rights Application against both Peter and our company. Are we, as a company, liable for Peter’s actions?

A

Yes you are liable for Peter’s actions – this is called vicarious liability. The Ontario Human Rights Code automatically attributes responsibility for discrimination to a company for the acts of its employees, regardless of whether the company had knowledge or control over an employee’s actions. This does not relieve Peter of liability – both the Company and Peter individually could be found to be responsible for the remedy ordered. Vicarious liability is an important reason for employers of all sizes to consider training their workforce in human rights and having proper policies and procedures in place to proactively prevent discrimination in the workplace.

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