Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 35B

35B .         Discrimination against applicants and employees

        (1)         It is unlawful for an employer to discriminate against a person on the ground of the person’s family responsibility or family status —

            (a)         in the arrangements made for the purpose of determining who should be offered employment; or

            (b)         in determining who should be offered employment; or

            (c)         in the terms or conditions on which employment is offered.

        (2)         It is unlawful for an employer to discriminate against an employee on the ground of the employee’s family responsibility or family status —

            (a)         in the terms or conditions of employment that the employer affords the employee; or

            (b)         by denying the employee access, or limiting the access of the employee, to opportunities for promotion, transfer or training or to any other benefits associated with employment; or

            (c)         by dismissing the employee; or

            (d)         by subjecting the employee to any other detriment.

        (3)         Nothing in subsection (1) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s family responsibility or family status, in connection with employment to perform domestic duties within a private household in which the employer resides.

        (4)         Nothing in this section renders it unlawful for a person to do an act a purpose of which is to afford persons with a particular family responsibility or family status rights, benefits or privileges in connection with that family responsibility or family status.

        [Section 35B inserted: No. 74 of 1992 s. 11.]