The effect would be to sterilise the common-law test for vicarious liability and to purge it of any normative or social or economic considerations.
42.
One factor propelling increased screening has been the growth in recent years of vicarious liability laws in 14 states, including New York and Connecticut.
43.
The realisation that dual vicarious liability means equal responsibility and equal financial liability could and probably should therefore enter into the earlier and determinative decision.
44.
Whether the principles of vicarious liability themselves required development beyond an acceptance of the normative character of their provenance and application was a different matter.
45.
The principles of vicarious liability and their application had therefore to be developed to accord more fully with the spirit, purport and objects of the Constitution.
46.
Every Federal court of appeals to have considered the question has found vicarious liability when a discriminatory act results in a tangible employment action . . ..
47.
In particular, we are bound by our holding in Meritor that agency principles constrain the imposition of vicarious liability in cases of supervisory harassment . . ..
48.
As a result of court cases this has introduced significant vicarious liability issues requiring the networks to distance themselves from the perception of being a single entity.
49.
The action against the employer is based on the theory of vicarious liability, wherein a party can be held liable for the acts of a different party.
50.
With these policy considerations in mind, it is difficult to see a coherent basis for confining the common law principle of vicarious liability to common law wrongs.
