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Definitions
The Employment Equality Act of 1998 Act introduced the concept of
“Vicarious Liability”. This means that Employers are liable for anything
done by an Employee in the course of his or her employment, unless the
Employer can prove that he or she "took reasonably practicable steps" to
prevent the discrimination.
Discrimination is defined as the treatment of a person in a less
favourable way than another person is, has been of would be treated in a
comparable situation on any of the nine grounds.
Indirect discrimination happens where there is less favourable treatment
in effect or by impact. It happens where people are, for example,
refused employment or training not explicitly on account of a
discriminatory reason but because of a provision, practice or
requirement which they find hard to satisfy. Employers will indirectly
discriminate if the provision or requirement is not objectively
justified by a legitimate aim and the means of achieving that aim are
appropriate and necessary.
Discrimination by association happens where a person associated with
another person (belonging to specified ground) is treated less
favourably because of that association.
