Extension of employers' liability for harassment
Article Abstract:
A 1996 UK Court of Appeal decision redefined the test for harassment in holding an employer liable for its employees' racial harassment of another employee. The ruling set everyday speech as the standard for interpreting the "course of employment" test found in the 1976 Race Relations Act. Previously, employers could escape liability by claiming harassment to be unconnected to employees' authorized acts or job duties.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
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"Requirement or condition" need not be absolute bar
Article Abstract:
The ruling of the British Employment Appeal Tribunal in Falkirk Council v. Whyte states that indirect sex discrimination can apply to conditions for employment which are less than absolute bars and that therefore a 'desirable qualification' for a managerial position could be so considered when it was clear that this was decisive in the selection process.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: "Political opinion" given broad meaning. "Intentional" indirect discrimination finding upheld. Employers not vicariously liable for discrimination
- Abstracts: Freedom and Fairness Restoration Act would simplify rules for qualified plans. Supreme Court overturns Curtiss-Wright Corp. v. Schoonejongen
- Abstracts: Wide pay variations emerging. First hint of pay movement
- Abstracts: Remedies for unlawful discrimination. Fog begins to clear on "fairness at work."(United Kingdom) Competitive tendering did not excuse pay-cut
- Abstracts: Objective justification of pay differential only necessary where explanation is discriminatory. No right to full pay during maternity leave