EQUAL OPPORTUNITY ACT 1984 - SECT 91

EQUAL OPPORTUNITY ACT 1984 - SECT 91

91—Civil liability of employers and principals

        (1)         Subject to this section, a person is, for the purposes of this Act, vicariously liable for a discriminatory or unlawful act of an agent or employee of the person committed while acting in the course of their agency or employment.

        (2)         In proceedings brought under this Act against a person in respect of an act alleged to have been committed by an agent or employee while acting in the course of their agency or employment, it is a defence to prove that the person took reasonable steps to ensure that the agent or employee would not act in contravention of this Act.

        (3)         Without limiting subsection (2), a defence is established under that subsection in relation to an alleged discriminatory or unlawful act if the person—

            (a)         had in force at the relevant time an appropriate policy for the prevention of such an act; and

            (b)         had taken reasonable steps to implement and enforce the policy including—

                  (i)         reasonable steps to make the employees and agents of the person aware of the terms of the policy; and

                  (ii)         prompt investigation of any alleged act and taking appropriate action.