The new discrimination laws could make employers liable for how their employees treat other people while conducting their duties.

Draft amendments to the Promotion of Equality and Prevention of Unfair Discrimination Act aim to provide greater protection to people who challenge unfair discrimination. The main purpose of the Act is to realise the constitutional right to equality so that people do not face unfair discrimination by either the state or anyone else.

How can an employer prevent unfair discrimination by the employee to avoid liability?

Under a new draft law, employers will not be liable for unfair discrimination committed by their employees, if they can show they took all reasonable steps to ensure that employees do not unfairly discriminate against other people when performing their duties.

The Bill also proposes that anyone who causes, encourages or requests another person to unfairly discriminate against other people will be guilty of unfair discrimination themselves. It is further not necessary for a person to act with intention before they can be found guilty of unfair discrimination. Employers then have a duty to take active steps to eliminate unfair discrimination, clear policies and procedures must be in place to promote equality and avoid encouraging unfair discrimination against anyone. These policies and procedures must be enforced and applied consistently. Should there be a claim against the employer, this will serve as proof that the employer has taken all reasonable steps to ensure that employees do not unfairly discriminate against other people when performing their duties.