Right to Equal Treatment: Liability of Employers

An employer is responsible for acts of discrimination carried out by his or her employees in the course of their employment whether or not it was done with the employer's knowledge or approval (s. 58 DDA). This is so unless the employer can show that he or she has taken such steps as were reasonably practicable to prevent the employees from committing the acts of discrimination complained of.

Advertisements

It is criminal offence for a person to knowingly or recklessly publish or cause to be published an advertisement which invites applications for a relevant post and indicates (or might reasonably be understood to indicate) that the application will be determined in some way by reference to the applicant not having (or having had) a disability. Furthermore, it is unlawful for that advertisement to suggest that the employer is reluctant to make any reasonable adjustments to the working environment or a practice or policy if the applicant were to be taken on.
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