Employers who fail to adequately respond to complaints
about racist, offensive or otherwise discriminatory conduct in the
workplace may be vicariously liable for the conduct even if other
preventative steps it takes are exemplary.
FACTS
A supervisor working at Australia Post's Port Melbourne
depot made a number of racist and offensive remarks to a delivery
driver who made pick-ups from the depot such as asking him to
"kiss my white arse", calling him "a
f@*king black bastard" and making heavy handed remarks
about "going back to Sri-Lanka" and
"slave work". The remarks were grossly offensive
and deeply distressing to the driver whose national origin is
Tamil.
The driver brought a claim of racial discrimination under the
Racial Discrimination Act 1975 (Cth) (the Act) against the
supervisor and Australia Post in respect of the remarks as well as
an alleged physical assault by the supervisor, after which the
driver ceased working.
