Employer’s Guide To The Anti‑Discrimination Act WA

Diversity and fair treatment are central to building a great team and a strong reputation. In Western Australia, these values are backed by law under the state’s Equal Opportunity Act 1984 (WA). If you employ staff in WA, it’s important to understand what the Act covers, how it interacts with Federal laws, and what you should do in practice to prevent discrimination and manage complaints correctly.

This guide breaks down the essentials in plain English, from your core obligations to practical steps like policies, training and fair recruitment. We’ll also explain what happens if a complaint is made and how to set up your business to comply with the law and support your people.

What Is The Equal Opportunity Act 1984 (WA)?

When people refer to the “Anti‑Discrimination Act WA”, they generally mean the Equal Opportunity Act 1984 (WA). It’s the main state law that prohibits discrimination in employment and other areas of public life in Western Australia.

In simple terms, the Act makes it unlawful to treat someone less favourably because of protected attributes in certain areas, including work. Key protected attributes include:

• Race
• Sex
• Sexual orientation
• Age
• Impregnation, pregnancy and breastfeeding
• Family responsibility or family status
• Marital status
• Religious or political conviction
• Disability or impairment
• Gender history and certain gender characteristics (depending on the provision engaged)

The Act applies to employment decisions and workplace conduct, as well as other areas like education, accommodation and the provision of goods and services. Complaints under the WA Act are handled by the Equal Opportunity Commission (EOC), with unresolved matters potentially proceeding to the State Administrative Tribunal (SAT) for determination.

It’s also unlawful to victimize a person for making a complaint, intending to complain, or helping someone else with a complaint under the Act.

How Does WA Law Fit With Other Anti‑Discrimination Laws?

Australia has anti‑discrimination laws at both Federal and State level. In addition to WA’s Equal Opportunity Act, there are Federal laws such as the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Disability Discrimination Act 1992 (Cth), and Age Discrimination Act 2004 (Cth). Depending on the facts, a worker might choose to complain under WA law or Federal law (but generally not both at the same time for the same conduct).

What does this mean for WA employers? In practice:

• Both Federal and State regimes aim to prevent unlawful discrimination. They don’t always mirror each other exactly, but there’s significant overlap.
• Some Federal developments apply nationally. For example, under Federal law, employers have strengthened obligations to take reasonable and proportionate measures to prevent sexual harassment. WA law also prohibits unlawful discrimination and sexual harassment, and you can be held vicariously liable for employees’ conduct unless you took reasonable steps to prevent it.
• If you operate nationally or hire hybrid/remote staff in other states, you should ensure your policies and training meet baseline obligations across jurisdictions.

The bottom line: know your WA obligations, keep an eye on Federal requirements, and take a consistent, preventative approach across your business.

Your Duties As A WA Employer

Under the WA Act, you must not discriminate against job applicants or employees because of protected attributes, and you must not permit harassment or victimisation in your workplace. These duties apply across the whole employment lifecycle, including:

• Recruitment and job advertising
• Shortlisting, interviews and selection
• Setting terms and conditions of employment
• Access to training, development and promotion
• Managing performance and conduct
• Allocation of shifts, rostering and access to benefits
• Termination, redundancy and post‑employment references

What Counts As Unlawful Conduct?

Unlawful discrimination can be direct (e.g. refusing to hire someone because they’re pregnant) or indirect (e.g. a policy that seems neutral but disadvantages a protected group without good reason). Sexual harassment is also prohibited. Other forms of unlawful harassment may arise where conduct is linked to a protected attribute and creates disadvantage or detriment under the Act.

Victimisation occurs if someone is treated unfavourably because they made a complaint, intended to make a complaint, or supported another person’s complaint. Victimisation is expressly unlawful and should be addressed promptly and sensitively.

Reasonable Steps And Vicarious Liability

Employers in WA can be held vicariously liable for unlawful conduct by their employees in connection with work, unless the employer took reasonable steps to prevent that conduct. There isn’t a standalone “positive duty” under the WA Act covering all attributes, but in practice you’re expected to be proactive.

Reasonable steps typically include implementing and communicating clear policies, providing regular training, supervising and modelling appropriate behaviour, and responding quickly and fairly to issues raised. A well‑embedded prevention framework is both good practice and a practical defence.

Recruitment And Day‑To‑Day Management

Fair hiring and management practices reduce risk. For example, avoid interview questions that touch on protected attributes unless they are genuinely job‑related and lawful to ask. A practical resource here is a checklist of illegal interview questions so your hiring team knows what to avoid.

Day to day, ensure managers understand how to make reasonable adjustments for disability, apply policies consistently, and document decision‑making where it affects employment outcomes (like promotions or disciplinary action). Clear, modern workplace policies and a staff handbook help everyone understand the standards.

Building Compliant, Inclusive Workplace Policies

Policies are your first line of prevention and a key part of showing you took reasonable steps. If you don’t have these yet, make them a priority and tailor them to your business size, risks and workforce.

Core Policies To Put In Place

• Anti‑Discrimination And Harassment Policy: Sets zero‑tolerance expectations, explains conduct that is unlawful, lists protected attributes, and outlines how to raise concerns.
• Equal Employment Opportunity (EEO) Statement: Confirms merit‑based decisions and your commitment to fair treatment at every stage of employment.
• Complaints And Investigation Procedure: Explains how staff can report issues confidentially, how investigations are handled, and possible outcomes.
• Manager Guidance: Practical checklists for recruitment, performance management and handling requests for reasonable adjustments.
• Related Policies: Code of conduct, bullying and sexual harassment standards, social media and communications, and data handling for complaint records supported by a clear Privacy Policy.

Training And Communication

Policies don’t work if no one sees or understands them. Build a simple training plan:

• Induction training for all new starters (policy overview and reporting options)
• Annual refreshers for all staff
• Targeted sessions for leaders and HR on investigations and reasonable adjustments

Confirm attendance, keep records and make policies easy to find. If you need help turning your standards into plain‑English documents your team will actually use, our workplace policy packages can be tailored to your risks and industry.

Employment Contracts And Alignment

Make sure your contracts point employees to your policies and set clear expectations for conduct. Well‑drafted Employment Contracts sit alongside your policies and help you manage performance, confidentiality and lawful directions consistently.

Encouraging Safe Reporting

Staff are more likely to report concerns early if reporting channels are simple and trusted. For larger businesses or where your risk profile warrants it, a confidential reporting channel supported by a Whistleblower Policy can complement your core complaints process (noting the specific Corporations Act framework for certain entities).

Handling Complaints Under WA Law

Even with strong prevention, issues can arise. A fair, prompt response protects people and your business. Here’s what to expect if a complaint is made in WA.

Internal Resolution First

Most concerns should be raised and addressed internally in line with your policy. That might involve an informal resolution, a formal investigation, or reasonable adjustments to separate parties while the matter is assessed. Keep good records, respect confidentiality, and ensure no one is victimised for raising concerns.

External Complaints To The EOC

If a complainant goes external, the Equal Opportunity Commission WA will assess whether the matter falls under the Act. Where appropriate, the EOC facilitates conciliation between the parties. If a complaint isn’t resolved, it can be referred to the State Administrative Tribunal (SAT) for a decision.

Outcomes And Remedies

At conciliation, parties may agree on outcomes like an apology, training commitments, changes to policies, reinstatement, or compensation. If the matter proceeds to the SAT, it can make orders including compensation, declarations and other remedial steps. Monetary penalties are not the primary focus - WA’s framework is geared to resolving harm and preventing recurrence.

Your best defence is preventative action and a procedurally fair response when issues arise. If you need guidance on investigations or risk management, our team of employment lawyers can step in at any stage, from policy setup to managing complex complaints.

Practical Steps For A Strong Response

• Acknowledge the complaint quickly and confirm next steps
• Assess risks (health and safety, ongoing contact between parties) and act proportionately
• Use a trained, impartial investigator where appropriate
• Make findings on the balance of probabilities based on evidence
• Communicate outcomes and implement any actions (training, coaching, discipline)
• Record decisions and monitor for any signs of victimisation

If a matter escalates externally, having clear policies, training records and documented decisions helps demonstrate that you took reasonable steps to prevent unlawful conduct. For more on navigating claims as an employer, see this overview of workplace harassment and discrimination claims.

Key Questions WA Employers Ask

Do Anti‑Discrimination Laws Apply To Small Businesses?

Yes. The WA Act applies regardless of business size. Whether you’re hiring your first employee or managing a large team, you must not discriminate and you should take reasonable steps to prevent unlawful conduct.

Is There A “Positive Duty” In WA?

There is no single, general “positive duty” clause in the WA Act covering all attributes. However, employers can be vicariously liable for employees’ unlawful conduct unless they took reasonable steps to prevent it. In practice, that means you should act proactively with policies, training and early intervention. Separate Federal obligations also apply to preventing sexual harassment nationally.

What’s The Difference Between Harassment And Discrimination?

Discrimination is less favourable treatment (or an unjustified policy) because of a protected attribute. Sexual harassment is a distinct, unlawful conduct category that can occur without a direct employment decision. Other harassing behaviour may be unlawful where it’s connected to protected attributes and causes detriment under the Act. In all cases, focus on prevention, early support and fair management of complaints.

What Should We Do About Data And Confidentiality In Complaints?

Treat complaint information carefully. Limit access to those who need to know, store records securely, and communicate with sensitivity. Your internal process should align with your Privacy Policy and any applicable privacy obligations.

How Often Should We Train Staff?

Induction plus at least annual refresher training is a good baseline. You may increase frequency for higher‑risk roles or after any incident. Training should be short, practical and clearly linked to your policies and real scenarios in your workplace.

Can We Ask About Medical Conditions In Recruitment?

Only where it’s genuinely necessary for the inherent requirements of the role or to identify reasonable adjustments. Unnecessary questions about health, disability, family plans or religion are risky and, in many cases, unlawful in context. Share a short, practical list of illegal interview questions with hiring managers before interviews.

Key Takeaways

• The “Anti‑Discrimination Act WA” is the Equal Opportunity Act 1984 (WA), which prohibits discrimination, sexual harassment and victimisation in employment and other areas.
• WA employers can be vicariously liable for employees’ unlawful conduct unless they took reasonable steps to prevent it, so prevention and early action are essential.
• Put in place clear, tailored policies, regular training and fair processes for handling complaints; align contracts and management practices to those standards.
• Fair recruitment matters - avoid questions touching protected attributes unless job‑related and lawful, and document merit‑based decisions consistently.
• If a complaint is made to the Equal Opportunity Commission WA, the matter may proceed to conciliation and, if unresolved, to the SAT; outcomes focus on remediation and prevention.
• Consistent policies, training records and documented decisions are your practical defence and help create a safe, inclusive culture.

If you’d like a consultation about your obligations under the Equal Opportunity Act 1984 (WA) or to set up tailored policies, training and Employment Contracts, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.