Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 35O

35O .         Discrimination on the ground of sexual orientation

        (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 sexual orientation of the aggrieved person if, on the ground of —

            (a)         the sexual orientation of the aggrieved person; or

            (b)         a characteristic that appertains generally to persons of the sexual orientation of the aggrieved person; or

            (c)         a characteristic that is generally imputed to persons of the sexual orientation of the aggrieved person,

                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 is not of that sexual orientation.

        (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 sexual orientation if, on the ground of —

            (a)         the sexual orientation of; or

            (b)         a characteristic that appertains generally to persons of the same sexual orientation as; or

            (c)         a characteristic that is generally imputed to persons of the same sexual orientation as,

                any relative or associate of the aggrieved person, the discriminator treats the aggrieved person less favourably than in the same circumstances, or in circumstances that are not materially different, the discriminator treats or would treat a person who is not of that sexual orientation.

        (3)         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 sexual orientation 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 of the sexual orientation of the aggrieved person 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 35O inserted: No. 3 of 2002 s. 52.]

        [Heading inserted: No. 3 of 2002 s. 52.]