Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 10A

10A .         Discrimination on the ground of breast feeding

        (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 breast feeding if on the ground of —

            (a)         the aggrieved person breast feeding or bottle feeding an infant or proposing to do so; or

            (b)         a characteristic that appertains generally to persons who are breast feeding or bottle feeding; or

            (c)         a characteristic that is generally imputed to persons who are breast feeding or bottle feeding,

                the discriminator treats the aggrieved person less favourably than, in circumstances that are the same or not materially different, the discriminator treats or would treat a person who was not breast feeding or bottle feeding.

        (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 breast feeding or bottle feeding 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 breast feeding or bottle feeding 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 10A inserted: No. 2 of 2010 s. 5.]