Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 10

10 .         Discrimination on the ground of pregnancy

        (1)         For the purposes of this Act, a person (in this subsection referred to as the discriminator ) discriminates against another person (in this subsection referred to as the aggrieved person ) on the ground of the pregnancy of the aggrieved person if —

            (a)         on the ground of —

                  (i)         the pregnancy of the aggrieved person; or

                  (ii)         a characteristic that appertains generally to persons who are pregnant; or

                  (iii)         a characteristic that is generally imputed to persons who are pregnant,

                the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person who was not pregnant; and

            (b)         the less favourable treatment is not reasonable in the circumstances.

        (2)         For the purposes of this Act, a person (in this subsection referred to as the discriminator ) discriminates against another person (in this subsection referred to as the aggrieved person ) on the ground of the pregnancy of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition —

            (a)         with which a substantially higher proportion of persons who are not pregnant comply or are able to comply; and

            (b)         which is not reasonable having regard to the circumstances of the case; and

            (c)         with which the aggrieved person does not or is not able to comply.

        [Section 10 amended: No. 74 of 1992 s. 40.]