What is discrimination?
Unlawful discrimination is being treated less favourably than someone else in the same or a similar situation.
The Western Australian Equal Opportunity Commission can deal with complaints of discrimination and harassment that are covered by the Equal Opportunity Act 1984.
This means we can only deal with a discrimination or harassment complaint if it is based on one or more of the grounds and an area of public life listed in this area brochure.
The law does not allow us to deal with discrimination or harassment complaints based on events in your private life.
Lodging a complaint
All complaints must be in writing; however you can get someone to help you prepare a complaint if you are not able to do so yourself.
You can also use an online form available on our website. A complaint can be lodged in a language other than English.
Grounds of unlawful discrimination
- Age when someone thinks you are too old or young
- Family responsibility being responsible for the care of another person
- Family status being a relative of another person
- Gender history having a reassigned gender certificate under the Gender Reassignment Act 2000
- Impairment having a current or past physical, intellectual or mental disability or someone thinking you have a disability
- Marital status being single, married, a de facto partner, separated, divorced or widowed
- Political conviction having a political belief or not having one
- Pregnancy and Breastfeeding
- Race including colour, ethnicity or national origin or descent
- Racial harassment including offensive or insulting comments about someone’s colour, ethnic background or descent at work, place of education or accommodation
- Religious conviction being of a particular religion or not having a religion
- Sex being a man or woman
- Sexual harassment includes unwelcome requests for sexual favours, touching or sexual comments
- Sexual orientation including heterosexuality, homosexuality, lesbianism, bisexuality or assumed sexual orientation
The areas of public life are
- Employment
- Accommodation
- Education
- Provision of goods, services and facilities
- Access to places and vehicles
- Disposal of property or estate
- Application forms
- Superannuation and Insurance
- Sport, Clubs and Associations
Types of discrimination
Discrimination can occur directly or indirectly.
When someone is treated unfairly because of a characteristic covered by the Act it is direct discrimination.
When a policy or practice impacts unfairly on a person or a group of people because of a characteristic covered by the Act it is indirect discrimination.
The EOC also deals with complaints of people who feel they have been discriminated against because of a spent conviction or victimisation for making a disclosure under The Public Interest Disclosure Act 2003.
Victimisation
Anyone who is disadvantaged, threatened or harassed because they have:
- Lodged a complaint
- Plan to make a complaint
- Supported someone making a complaint - may make a complaint of victimisation under the Equal Opportunity Act 1984.
