Discrimination & harassment
You are here: Home > Discrimination & harassment
- Direct discrimination
- Indirect discrimination
- Victimisation
- Grounds of discrimination
- Responsibilities
Everybody deserves a "fair go". It doesn't matter what sex,
race or age you are, if you have a disability in any way, your marital
status, pregnancy, your family status or family responsibility, the religious
or political beliefs you might hold, any spent convictions you may have,
your sexual orientation or gender history - everybody has the right to
be treated fairly.
The Equal Opportunity Act gives everyone a fair go - by law. It makes
it unlawful to discriminate against people on certain grounds and areas
of public life. It means that if any person believes they have been discriminated
against in these ways, there is an avenue they can pursue for help.
Direct discrimination takes place when a person is treated less favourably than another person, in the same or similar circumstances, on one or more of the grounds and in one of the areas of public life covered by the Act.
Indirect
discrimination
Indirect discrimination happens when an apparently neutral rule has a
negative effect on a substantially higher proportion of people with a
particular attribute or characteristic, e.g. race, compared to people
without that attribute or characteristic, and the rule is unreasonable
in the circumstances.
Victimisation
Victimisation is also against the law. Victimisation includes threatening,
harassing or punishing a person in any way because they have objected
about the discriminatory manner in which they have been treated. It also
applies to anyone who has made a complaint, or intends making a complaint,
under the Act.
Victimisation is also applies to anyone giving evidence about a complaint.
back to top
Grounds
of discrimination
The Equal Opportunity Act sets out the types or grounds of discrimination
which are unlawful. They are:
- Age
– being regarded as too young or too old*
- Family responsibility
– having a caring role
- Family status
– being a relative of a particular person or having the status of being a particular relative
- Gender history
– having a reassigned gender as certified under the Gender Reassignment Act 2000
- Disability or impairment
– having a physical, intellectual or mental disability that is current, past or imputed*
- Marital status
– being single, married, a de facto partner, separated, divorced or widowed
- Political conviction
– including a lack of conviction
- Pregnancy
- being pregnant, having a characteristic associated with pregnancy or generally imputed to persons who are pregnant.
- Race
– including colour, ethnicity or national origin or descent*
- Racial harassment
– including offensive or insulting comments or other behaviour about a person’s colour, ethnic background or origin
- Religious conviction
– including a lack of conviction
- Sex
– being a man or woman
- Sexual harassment
– including unwelcome requests for sexual favours, touching and comments about a person’s private relationships
- Sexual orientation
– including heterosexuality, homosexuality, lesbianism, bisexuality or assumed sexual orientation.
- Spent conviction (Spent Convictions Act 1988)
*The Act may also apply to a relative or a person who has a close relationship to a person affected by these grounds.
• The Commissioner for Equal Opportunity also deals with complaints on the ground of spent convictions in the area of employment.
| A complaint form can be downloaded here. |  |
Liability of people involved in unlawful acts
A person who causes, instructs, induces, aids or permits another person to do something that is unlawful under the Act shall be considered to have done the act themselves.
Vicarious liability
When an employee, or agent, in connection with their employment, does something which is unlawful under the Act, their organisation, employer or principal will be liable for that act.
The Act (The Equal Opportunity Act 1984)
The Equal Opportunity Act was enacted by the Western Australian Parliament in 1984. Its objectives are:
- To eliminate discrimination on the grounds of sex, marital status
or pregnancy, family responsibility or family status, race, religious
or political conviction, impairment, age or gender history in the areas
of work, accommodation, education, the provision of goods, facilities
and services, access to places and vehicles, land and the membership
of clubs
- To eliminate sexual and racial harassment in the workplace, educational
institutions and accommodation
- To promote community recognition and acceptance of the equality of
men and women, and the equality of people of all races, regardless of
their religious or political convictions, their impairments or their
age.
The Commissioner investigates complaints that fall within the jurisdiction of the Equal Opportunity Act. The Commissioner has the power to:
- obtain pertinent information and documents from both the complainant
and the respondent, and
- convene conciliation conferences.
If the Commissioner decides the complaint falls within the jurisdiction
of the legislation, it will be allocated to a conciliation officer who
assists the Commissioner to investigate and attempt to conciliate complaints.
The Commissioner can refer a complaint to the State Administrative Tribunal
if the complaint cannot be conciliated, or if the nature of the complaint
is such that the Commissioner believes it should be referred to the Tribunal
for resolution.
A complaint can be dismissed by the Commissioner if she is of the opinion
that it is frivolous, vexatious, misconceived, lacking in substance or
not unlawful under the Act.
If the Commissioner does dismiss a complaint, the complainant has the
right to take the case to the State Administrative Tribunal.
Where the Commissioner is of the view that the complainant is not pursuing
their complaint, she is able to inform the complainant that the matter
will lapse if contact is not re-established with a Commission officer
within 21 days.
Three separate agencies administer the Act, each with different responsibilities
and functions.
Equal Opportunity Commission
The Commissioner for Equal Opportunity investigates and tries to conciliate
complaints lodged by people who believe they have been discriminated against.
The Commissioner also conducts investigations, research and inquiries
into all matters relating to discrimination.
Making sure the community is aware of its rights and obligations under
the Act is a critical function of the Equal Opportunity Commission. The
Commissioner is also responsible for the collection and dissemination
of information and advice on matters relating to the elimination of discrimination.
Through public presentations, seminars, training workshops and publications like this one, the Commissioner is committed to raising awareness of the Equal Opportunity Act to the general community, specific target groups and employers.
Office of Equal Opportunity
in Public Employment
The Director of Equal Opportunity in Public Employment works with government
agencies to promote equal employment opportunities in the public sector,
and to evaluate the effectiveness of programs and processes put in place
to achieve that aim.
State Administrative Tribunal
The State Administrative Tribunal hears complaints that have been referred
by the Commissioner for Equal Opportunity when the conciliation process
has failed. The Tribunal also has the power to grant Interim
Orders and Exemptions. The State Administrative
Tribunal is an independent statutory body.
back to top
Further information
For further information or to lodge a complaint please contact the Equal
Opportunity Commission on 9216 3900.
To obtain a full copy of the Equal Opportunity Act, contact the State
Law Publisher on 9321 7688 or at www.slp.wa.gov.au
Who can lodge a complaint
You can lodge a complaint with the Commissioner for Equal Opportunity on your own behalf or on behalf of yourself and others. If you are a member of a trade union, your union may complain on your behalf.
If a person with an impairment is unable to write or sign their complaint, the complaint can be lodged by their advocate or carer.
How to lodge a complaint
Your complaint must be made in writing and signed by you. It must refer to one of the grounds of discrimination, and an area of activity which is covered by the Act. (The brochure “Unlawful discrimination” sets out the grounds of discrimination and the areas of activity covered by the Act).
Your written complaint should include as much detail as possible - at the very least, it should identify the person or organisation who is said to have discriminated against you, dates and any relevant information such as witness statements, letters of dismissal or medical certificates.
It is always your responsibility - the complainant - to provide information that will support the allegations you have made. The onus of proof rests with the person making the complaint.
You cannot use the Equal Opportunity Commission to resolve disputes going back years - your complaint must be lodged within 12 months of the last incident of discrimination. However, in some circumstances the Commissioner may rule that there is good reason to accept a complaint that falls outside the 12-month time frame.
Click here to print a complaint form (pdf size: 79 kb).
What happens when a complaint is lodged
The Commissioner for Equal Opportunity reads all inquiries and complaints lodged with the Commission and makes a preliminary assessment about their status. If the Commissioner decides that the complaint or inquiry that’s been made falls within the jurisdiction of the Act, it will be investigated.
Find out more about the Complaint Process here.
back to top
Conciliation
Conciliation helps both parties clarify what the complaint is about, and which points are in dispute. It means the parties sitting down with a conciliator, and talking things through. Sometimes, when a complaint is brought to the attention of the other party, resolution is swift and apologies readily given. In other cases, the conciliation process does not work.
Find out more about the Conciliation Process here.
| A complaint form can be downloaded here. | |
Will you be victimised if you make a complaint?
It is against the law for anyone to threaten, harass or subject a person to a detriment because they have made a complaint or intend to make a complaint under the Equal Opportunity Act 1984. This protection is also afforded to anyone giving evidence about a complaint.
The Conciliated Complaints Register briefly summarises a selection of complaints conciliated by the Commission.This information is intended for the use of parties to complaints to assist them in the conciliation process. This information is for guidance purposes only and should not be considered as or used as legal advice.
Parties to a complaint should seek independent legal advice if they need information about outcomes appropriate to their own circumstances.
Please note that the Commission is unable to provide further details
about particular complaints.
| Ground | Area | Complaint Details | Outcome |
| Age | Access to Places and Vehicles, Goods, Services and Facilities |
An organisation representing young people lodged a group complaint
on behalf of young people, who because of their age, were being denied
access to places and vehicles. |
A youth policy was developed; complaint mechanism set up; review process of incidents established and training in equity issues given to officers. |
| Age |
Employment |
After applying for a job and attending an interview, a man was told
that he was unsuccessful as they wanted 15-16 year old. |
$1,000 / written apology |
| Age |
Employment | A tradesman employed by a manufacturing company heard that he had
been overlooked for a promotional position because of his age. |
$4,000 |
| Age |
Goods, Services and Facilities |
A man, who had banked with the same institution for many years,
lodged a complaint following the rejection of a loan application.
After discussing the matter with the conciliation officer, the bank
negotiated directly with the complainant to resolve the matter. |
$3,000 |
| Age and impairment |
Employment |
A man who worked in the mining industry in a remote area was required
to apply for a position following a company takeover. He said that
his application was unsuccessful because he'd been told at the interview
that it may be difficult obtaining immediate medical attention if
required. |
$22,000 / An apology was provided by the company. |
| Age and impairment |
Goods, Services and Facilities |
A 17 year-old man aged alleged he had been discriminated against
when a hire car company refused to hire him a car because he was under
21. The man had taken out an insurance policy which enabled him to
hire a car in the event his vehicle was stolen, however, the hire
car company failed to hire him a car. |
$500 |
| Age and Sex |
Employment |
A 19 year old man, employed as a cleaner, was advised by the employer
they did not want a young man working there and he was to be dismissed
because he was only 19 years old, and the only man working with the
other female cleaners. |
$500 |
| Family Responsibilities |
Employment |
A veterinarian nurse who worked part-time in a surgery complained
that her employer had demoted her following her return from maternity
leave. |
$2640 (8 week's pay) / outstanding leave entitlements were paid |
| Impairment |
Employment |
A man advised a recruiting agency of his hearing impairment and
went through a medical before being hired by a mining company on a
three month trial basis. After three weeks he was dismissed, because
he was told that he couldn't work around hydraulic machinery because
of his hearing impairment. |
$4206.28 balance of contract paid / $315 reimbursement for the cost
of the work boots and swag |
| Impairment |
Employment |
A man was issued with a notice regarding "Fitness to hold a
Driver's Licence" and asked to present a 'sealed envelope' to
his GP in order to obtain a report of his fitness to hold a licence.
He was found to be fit and his licence was not revoked, but was unable
to find out what medical condition he was supposed to have or who
reported him. The employer had received confidential information indicating
that the complainant had a medical condition that may adversely affect
his driving ability. |
Written and verbal apology |
| Impairment |
Employment and Access to Places and Vehicles |
A woman wheelchair user lodged a complaint against her employer
because of access issues with regards to building where she worked. |
$14,800 / Disability consultants to offer advice regarding the layout
of the building / training on EOA / apology |
| Impairment |
Goods, Services and Facilities and Access to Places and Vehicles |
A person was denied entry into a venue because she appeared to be intoxicated. The person informed the bouncer that she has a head injury which affected her speech and movement. | Written apology |
| Impairment and Age |
Employment |
A man who had been employed on contract as a casual for over two
years believed he had failed to obtain a permanent position because
of his age and imputed impairment. |
Job reconsideration / review of selection process |
| Impairment and Victimisation |
Employment |
An man alleged he had been discriminated against when he was removed
from his position after returning from a period of sick leave. In
addition the man felt that he had been discriminated because of his
impairment (arthritis) - because the duties he was now required to
perform exacerbated his condition. |
$15,000 ex gratia / Letter of Service. |
| Impairment and Victimisation |
Goods, Services and Facilities |
A sporting organisation would not permit players to play down a
grade in an age competition. The complainant had an impairment that
made it impossible for him to play in his own age group. |
The respondent agreed to let the complainant play down a grade for
the rest of the 2004 season, including the finals. |
| Pregnancy |
Goods, Services and Facilities |
A young woman applied for employment as a receptionist and was told
that she had been successful. The woman then advised the employer
she had just found out that she was pregnant, but planned to work
till nearly the end of her pregnancy. On receiving this information
the employer terminated her employment. |
$2,140 / Apology / Commitment to conduct staff training on equal
opportunity issues. |
| Race |
Employment and Goods, Services and Facilities |
A man failed a test which would lead to employment, due to the fact
that the test was more difficult for people whose first language is
not English. |
Special procedures were put in place for the Complainant to resit
the test / policy change. |
| Race |
Accommodation |
An Aboriginal tenant alleged that her landlord did not take notice
of numerous complaints that she lodged with them regarding another
tenant (non-Aboriginal). Instead she alleged that they paid more attention
to complaints her neighbour made about her. |
Accommodation provided / maintenance carried out on property. |
| Race |
Employment |
An Aboriginal man employed in a community service organisation complained
that two letters circulated within the organisation were highly offensive
to himself and other Aboriginal people. He claimed that the organisation's
investigation into the matter was inadequate. |
Respondent's explanation satisfactory to complainant |
| Race |
Goods, Services and Facilities |
An Aboriginal family held a 21st birthday party at a hotel and claimed
that the hotel manager:- repeatedly accused guests of drinking outside
the function room; allowed Aboriginal guests to leave the function
only one at a time; asked to see younger guests photo ID, and closed
the function at 10.00 pm because he allegedly believed one of the
Aboriginal guests had snatched a handbag from another section of the
hotel. |
$1000 / Written apology / VIP pass to any venue owned by respondent. |
| Race | Goods, Services and Facilities |
An Aboriginal person alleged that a business owner accused her of
stealing because she is Aboriginal. The owner denied discriminating
against the person on the basis of her Aboriginality. |
Verbal and written apology |
| Race |
Goods, Services and Facilities |
An Aboriginal woman lodged a complaint of race discrimination after
a security officer followed her out of a shop because he thought her
child had stolen. The business denied discriminating against the woman
because of her race. |
Verbal and written apology |
| Race and Age |
Goods, Services and Facilities |
An Aboriginal mother complained that her 13 year old son had been
incorrectly identified and banned from a cinema. Her attempts to have
the matter rectified directly with management were ignored. |
Apology / ban was lifted / a letter of apology issued / 20 complimentary
tickets provided for her son's use. |
| Race and Impairment | Goods, Services and Facilities |
A woman complained that the gym she was a member of discriminated
against her in the manner they provided her with services to the gym.
When she joined the gym she explained that she had a muscular skeletal
disorder and was persuaded to join the gym to attend the pilates class.
The woman discovered she was unable to attend pilates classes as she
feared she would injure herself. When she attempted to address her
concerns with he management of the gym she believed she was treated
poorly. |
$799 refund of gym membership |
| Race, Racial Harassment and Impairment |
Employment |
A man's employment was terminated after he did not to return to
work on the date requested by his employer. He was on extended leave
at the time for medical reasons. |
$33,400 |
| Sex |
Employment |
A teacher at a private religious school complained that, due to
the School's decision to appoint a female teacher, he was removed
from a class of female students, effectively demoted and later dismissed. |
$4167.19 |
| Sex |
Employment |
A woman, who worked in the retail industry, alleged that she was
denied promotion because of her gender. |
$7,000 ex gratia payment / written reference provided |
| Sex and Family Status | Employment |
A woman alleged that comments were made about her being stressed
about her marriage, which affected her work. |
4 week's wages paid |
| Sex and Marital Status |
Goods, Services and Facilities |
A single parent wanted maths program for her twin daughters. Initially
she was refused the demonstration for the service/goods unless she
could produce a male/husband. She was also told that she would be
unable to afford it. |
Goods and services provided in full |
| Sex, Sexual Harassment and Victimisation | Employment |
A woman alleged that a male work colleague sexually harassed her
while at work. He made inappropriate comments to her that were of
a sexual nature. When she reported the sexual harassment to her employer
but nothing was done. She was later dismissed. |
$4,000 |
| Sexual Harassment | Employment |
A woman stated that a work colleague made sexual comments to her
and sent her SMS messages that were of a sexual nature. The work colleague
denied the allegations but stated on several occasions the general
office banter involved sexual jokes or innuendos. |
Verbal and written apology |
| Sexual Harassment |
Employment |
$3,500 |
$3,500 |
| Sexual Harassment and Sex |
Employment |
A woman was employed as a cook and camp assistant by a construction
company working in remote areas. She claimed male employees had used
crude, threatening and sexually derogatory terms, and that she had
been sexually harassed by suggesting she was soliciting sexual favours
from male employees. |
$8,240 |
| Sexual Harassment and Sex |
Employment |
A young women alleged that her manager sent her two unwanted text
messages of a sexual nature. The manager admitted to sending one of
the messages. |
$12,000 ex-gratia payment / apology |