In common law an employer is vicariously liable for the tortious acts of its employees if they are carried out "in the course of employment".
Under discrimination legislation, discriminatory acts done by an employee in the course of employment are treated as having been done by the employer. The test in discrimination cases is wider than the common-law test, but the employer will not be liable for discrimination if it can show that it took such steps as were reasonably practicable to prevent the employee from doing the discriminatory act.