Discrimination & Harrassment
Lawyers & Barristers

Federal Legislation only considers unlawful discrimination which has occurred in an area of public life. The following are considered to be areas of public life: employment, education, provision of accommodation, provision of goods and services, clubs and sport, in addition to places and vehicles.

Below is a list of the applicable legislation both at a Federal and State level. If you believe you have been discriminated against on the basis of one or more of the factors listed you may have a right to an action against that employer.

Age Discrimination Act 2004 - This covers discrimination on the basis of age, young or old. It also covers discrimination on the basis age-specific characteristics or characteristics that are generally imputed to a person of a particular age.

Australian Human Rights Commission Act 1986 - This covers discrimination on the basis of age, young or old. It also covers discrimination on the basis age-specific characteristics or characteristics that are generally imputed to a person of a particular age.

Disability Discrimination Act 1992 - This covers discrimination the basis of physical, intellectual, psychiatric, sensory, neurological or learning disability, physical disfigurement, disorder, illness or disease that affects thought processes, perception of reality, emotions or judgement, or results in disturbed behaviour, and in presence in body of organisms causing or capable of causing disease or illness – e.g. HIV virus. It also covers disability harassment in the course of employment.

Racial Discrimination Act 1975 - This covers discrimination on the basis of race, colour, descent or national or ethnic origin, and in some circumstances, immigrant status. It also covers racial hatred, defined as public act/s likely to offend, insult, humiliate or intimidate on the basis of race, and is also prohibited under this Act unless an exemption applies. A public act/s likely to offend, insult, humiliate or intimidate on the basis of race (racial hatred) is also prohibited under the Act, unless an exemption applies.

Sex Discrimination Act 1984 - This covers discrimination on the basis of sex, marital or relationship status, pregnancy or potential pregnancy, breastfeeding, family responsibilities, sexual orientation, gender identity, and intersex status. Sexual harassment is also prohibited under this Act.

Equal Opportunity Act 1984 - Covers discrimination on the basis of sex, sexual orientation (including by association), marital status, pregnancy, breastfeeding, race, religious or political conviction, age (including by association), impairment (including by association), family responsibility or family status, gender history and publication of relevant details on Fines Enforcement Registrar’s website. This act also prohibits sexual harassment and racial harassment.

The Equal Opportunity Act is the key anti-discrimination legislation in Western Australia. It has a wide scope in relation to discrimination on the following grounds: race, age, sex, pregnancy, impairment, gender history, marital status, sexual orientation, religious or political affiliation and family status.

Spent Convictions Act 1988 - This act prohibits discrimination on the basis of having a spent conviction.

There are two forms in which discrimination may occur: direct or indirect.

Direct discrimination occurs where you are treated as an individual, less favourably than others who are in similar circumstances. In contrast Indirect discrimination occurs where a law or policy which appears to apply to all, adversely impacts upon a particular group of people based on race or sex for example.

Harassment includes any unwelcome behaviour that offends, humiliates or intimidates a person. Unlawful harassment occurs when someone is subjected to such behaviour for a reason that is prohibited under one of the above Acts.

Racial harassment can be shown in many forms. It generally includes racially-based threats, taunts, abuse or insults that disadvantage another person in their workplace or other area covered by anti-discrimination laws. It could include, for example, racist jokes, racist graffiti and name-calling.

The Equal Opportunity Act deals with racial harassment in an employment circumstance. In the workplace, sending racially sensitive or offensive emails to colleagues, even if they are meant to be funny, may be considered unlawful racial harassment.

Discrimination on the grounds of race which occurs in the workplace is covered by the Equal Opportunity Act. It is unlawful for a person to racially harass an employee under this legislation.

In Western Australia, the Criminal Code, makes aspects of racial harassment, and incitement to racial hatred criminal offences and punishable by substantial jail terms.

Under the Criminal Code in Western Australia, conduct which is intended and/or to racially harass could see an offender face imprisonment and a fine.

Generally sexual harassment is any form of sexually related behaviour that is unwelcome and that offends, humiliates or intimidates a person, in circumstances where a reasonable person would have anticipated that the person would be offended, humiliated or intimidated.

Sexual harassment does not need to be repeated or continuous to be against the law. One incident may be all that is required for it to be unlawful.

As repeated or continuous behaviour is not required, one isolated incident may be considered unlawful sexual harassment.

The Equal Opportunity Act makes sexual harassment unlawful in the workplace. Under Western Australian criminal law it is only unlawful in other areas of public life.

If a person asserts their rights under any of the anti-discrimination legislation above and they are then subjected to, or threatened to be subjected to, a detriment then they have been victimised. It is unlawful to victimise under anti-discrimination law.