I am the manager of a busy supermarket and have more than 30 employees working under me. I recently employed an Asian student to assist in the clothing department but then assigned them to the Asian grocery section thinking they will be more comfortable there and that they will better ‘fit in’ with the rest of the Asian staff in that department. I was acting in the employee’s best interests. Does that mean I am not liable for discrimination?
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Answer by Lisa Wulfsohn, Malvern 3144 VIC
- No. The intention of the alleged discriminator is not relevant.
- Just because you thought you were doing the right thing does not affect your liability.
- You may be liable in the same way as someone who was intentionally discriminatory.