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Employer Liability

Vicarious Liability for Workplace Sexual Harassment

In a common law civil action, the plaintiff will typically seek to make the employer responsible for the conduct of its employee.There are two arguments possible. The first is the organic theory of liability based on the "controlling mind" concept. The second is vicarious liability. This leads to a finding of strict liability, without the need to prove fault of the employer,1 given wrongdoing of its employee. Conduct which is only coincidentally linked to the business of the employer and the duties of the employee cannot justify the imposition...