Discrimination cases – who is liable employer or employee ?
The short answer to this is it can be both, and not only this, the aggrieved party can go against either employer or employee or both and can seek to enforce any judgment against either. This is significant for employers since in some instances, the employer may not even have full knowledge of the discriminatory act or acts. A good example of this would be sexual harassment. However, the employer can end up footing the bill since when it comes to enforcing civil judgment, it may be easier and more financially logical for a victim to enforce against the employer.