What it does
The Equal Opportunity Act 1984 (WA) (the Act) establishes a comprehensive framework to eliminate discrimination on specified grounds across key areas of public and private life while promoting substantive equality. At its core, the Act renders unlawful both direct and indirect discrimination. Direct discrimination is defined in attribute-specific provisions: for example, s.8(1) provides that a person discriminates on the ground of sex if, on that ground (or a characteristic that generally appertains or is imputed to persons of that sex), they treat the aggrieved person less favourably than a person of the opposite sex in the same or not materially different circumstances. Parallel definitions appear for marital status (s.9), pregnancy (s.10), breastfeeding (s.10A), gender history (s.35AB for reassigned persons), family responsibility or status (s.35A), sexual orientation (s.35O, including imputed orientation of relatives or associates), race (s.36, including segregation), religious or political conviction (s.53, expressly including absence of conviction per s.4(3)), impairment (s.66A, covering past, present, future or imputed impairments and guide dogs), age (s.66V) and publication of fines details (s.67A).
Indirect discrimination arises where a respondent imposes a requirement or condition with which a substantially higher proportion of persons without the relevant attribute can comply, which is not reasonable in the circumstances, and with which the aggrieved person cannot or does not comply (see, e.g., s.8(2), s.35A(2), s.36(2), s.66A(3), s.66V(3)). Section 5 clarifies that an act done for two or more reasons is taken to be done on the ground of a particular attribute if that attribute is one of the reasons, regardless of dominance.
The Act applies these prohibitions to specific domains. In work (Divisions 2 of each attribute-specific Part), it is unlawful to discriminate in arrangements for offers of employment (e.g. s.11(1)(a) for sex), terms of employment (s.11(2)(a)), promotion, training, dismissal or other detriment (s.11(2)(b)-(d)). Parallel rules govern commission agents (ss.12, 35AD, 35C, 35Q, 38, 55, 66C, 66X, 67C), contract workers (ss.13, 35AE, 35D, 35R, 39, 56, 66D, 66Y, 67D), partnerships of six or more (ss.14, 35AF, 35E, 35S, 40, 57, 66E, 66Z), professional organisations (ss.15, 35AG, 35F, 35T, 41, 58, 66F, 66ZA, 67E), qualifying bodies (ss.16, 35AH, 35G, 35U, 42, 59, 66G, 66ZB, 67F) and employment agencies (ss.17, 35AI, 35H, 35V, 43, 60, 66H, 66ZC, 67G). Domestic duties in private households are exempted in several provisions (e.g. s.11(3), s.13(2), s.35B(3), s.35D(2), s.35P(3), s.35R(2), s.37(3), s.66B(3), s.66D(2), s.66W(3), s.66Y(2)).