Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 35A

35A .         Discrimination on the ground of family responsibility or family status

        (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 family responsibility or family status if, on the ground of —

            (a)         the family responsibility or family status of the aggrieved person; or

            (b)         a characteristic that appertains generally to persons having the same family responsibility or family status as the aggrieved person; or

            (c)         a characteristic that is generally imputed to persons having the same family responsibility or family status as 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 does not have such a family responsibility or family status.

        (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 family responsibility or family status if the discriminator requires the aggrieved person to comply with a requirement or condition —

            (a)         with which a substantially higher proportion of persons not of the same family responsibility or family status as 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 35A inserted: No. 74 of 1992 s. 11.]

        [Heading inserted: No. 74 of 1992 s. 11.]