Western Australian Consolidated Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 35P

35P .         Discrimination against applicants and employees

        (1)         It is unlawful for an employer to discriminate against a person on the ground of the person’s sexual orientation —

            (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 against an employee on the ground of the employee’s sexual orientation —

            (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)(a) and (b) renders it unlawful for a person to discriminate against another person, on the ground of the other person’s sexual orientation, in connection with employment to perform domestic duties on the premises on which the first-mentioned person resides.

        [Section 35P inserted by No. 3 of 2002 s. 52.]