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I. The rule. Respondeat superior is the doctrine that states that an employer is responsible for an employee. More precisely, it states that a master is liable for torts of its servants committed in the course of their service.
Generally, if the discriminatory action is taken within the scope of the employee's role in a company, both the individual and the company could be held liable for the employee's actions. This is the legal principle of respondeat superior.
Vicarious liability in employment The employer may be held liable for actions or omissions during the employee's job. An employer is not liable for work done by his employee which is not within the scope of his employment.
Generally, an employee's off-duty conduct is off-limits as far as employers are concerned. Exceptions do exist if there is some relationship between the off-duty conduct and your business and if misconduct outside of the workplace poses a risk for your business.
California law follows the rule of vicarious liability, which allows victims of harassment to hold their company responsible for the behavior of coworkers or superiors. Your employer holds certain legal duties ? one of those duties is to protect their employees from illegal harassment.