This has been an issue particularly in cases involving complaints against individuals who have engaged in discriminatory conduct in the course of their work, businesses which operate as a subsidiary of another business, and security guards engaged to patrol spaces such as shopping malls and public entertainment venues. The latter has been observed to be a significant problem, particularly with the increasing use of private security service providers in public areas.
Both the New South Wales and the federal anti-discrimination laws contain provisions in relation to vicarious liability, meaning that it is possible to pursue a discrimination complaint against, for example, an individual’s employer or a company contracted to provide security services. Before invoking these provisions, it is necessary firstly to identify the correct respondent. Failing to identify the correct respondent can result in a discrimination complaint being unable to be resolved.
RLC has worked on a number of matters recently in which it has assisted in the resolution of this issue. We are happy to continue to provide advice and assistance in relation to discrimination matters that raise complex issues.
