Who is liable?

• the employer is liable for all acts of discrimination, harassment or victimisation carried out by any employee in the course of their employment, unless the employer can show it took all reasonable steps to prevent the discrimination (section 109(1), EA 10). (See Chapter 9: Liability of employers);

• an organisation is liable for all acts of discrimination, harassment or victimisation by anyone acting as its agent with the organisation’s authority. There is no “reasonable steps defence” available here (section 109(3), EA 10). (This is explained in Chapter 9, page 68);

• individual employees are personally liable for all acts of discrimination, harassment or victimisation carried out by them in the course of their employment (section 110, EA 10);

• there are specific laws prohibiting anyone from “instructing, causing or inducing” a breach of EA 10 rights (section 111, EA 10);

• there are separate laws against knowingly aiding a breach of the EA 10 (section 112, EA 10); and

• there are specific laws against discrimination by employment service-providers, for example, employment agencies and businesses (section 55, EA 10), providers of vocational training (section 56, EA 10) and trade organisations (section 57, EA 10).

Chapter 9 looks at who can be held liable for acts of discrimination, harassment and victimisation under the EA 10.