There is no exemption in anti-discrimination legislation for small business.
Small business is defined as an enterprise employing fewer than twenty people.
Very small business is defined as an enterprise employing fewer than six people. Employers in all small businesses, whatever the size, may be vicariously liable for acts of harassment committed by employees unless all reasonable steps were taken to prevent it occurring. A significant number of complaints received by the Human Rights and Equal Opportunity Commission, particularly sexual harassment complaints, are against small business. The potential for harassment to occur in the context of close working relationships where staff are on familiar terms with one another has been identified. Employers should be aware of this risk and take appropriate precautions.