Recently, a number of highly publicized cases have indicated that employers can be found liable for their employee’s conduct including while off-duty or off-premises.  These court decisions have hieghtened concerns on the part of employers about the scope of their liability.  Employers face mounting issues related to both interactions of employees with one another as well as employees with 'outsiders' such as an associations volunteers or guests.

Sexual Harassment

A large national organizational body had encouraged its employees to attend conferences, although attendance was not mandatory. The complainant, who was an employed of the association, was sexually harassed by a fellow employee in a hospitality suite at a conference late in the evening after the other guests had left. The court deemed that the incident did occured 'outside the course of employment' because it occurred after the hospitality suite had closed, thus employees were no longer acting within the course of employment.

Hiring Discrimination

A long-term volunteer for a Niagara Falls, Ontario organization that served the disabled felt 'passed over' during the selection of candidates for a permanent, salaried position.  Litigation commenced against the association and its directors who are having to bear costs directly as no insurance is in place to guard against such actions.  The case is currently pending.

Gender Bias

A trade association was sued rightfully so after the executive director commented to a female employee that a promotion and pay increase had been given to a male counterpart solely on the basis that the organizations members were most male and it was felt she would not be as 'in tune' to their needs.

Miscommunicated Dismissal

Due to budget cuts a national non-profit association dismissed a senior employee.  However, the board of directors, in an effort to avoid paying severence, advised staff with a memo that the dismissal was for failing to meet expectations.  The former employee sued the organization and its directors alleging that the miscommunication damaged his reputation and impaired his opportunities when seeking other employment.

Some examples may be generic in nature, applicable to all classes of business - not specifically non-profit organizations.