Western Australian Consolidated Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 35AC

35AC .         Discrimination against applicants and employees

        (1)         It is unlawful for an employer to discriminate against a gender reassigned person on gender history grounds — 

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

            (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 on gender history grounds against an employee who is a gender reassigned person — 

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

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

            (c)         by dismissing the employee; or

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

        (3)         Nothing in subsection (1) or (2) renders it unlawful for a person to discriminate against a gender reassigned person on gender history grounds in connection with employment to perform domestic duties within a private household in which the employer resides.

        [Section 35AC inserted by No. 2 of 2000 s. 28.]