LIMITING RESPONDEAT SUPERIOR LIABILITY: A WOLF IN SHEEP'S CLOTHING?

In this response to Burt Neuborne's Who's Afraid of the Human Rights Commission, the author seeks to challenge many of the assumptions underlying Neuborne's model calling for increased focus on preventative measures by the Human Rights Commission. In Part I, the author addresses Neuborne's moral arguments and concludes that he undermines the ability of sanctions to deter future conduct. In Part II, the article suggests that although the Human Rights Commission is faced with fewer resources, Neuborne's model for increased preventative enforcement resources would have only a limited impact on employers and would undermine significantly the remedial purpose of human rights statutes.