Discrimination

How can discrimination happen?

Discrimination can be either direct or indirect.

Direct discrimination happens when someone is treated less favourably because of a protected characteristic.

Examples include:

• An employer refusing to consider applications from people of a particular ethnic background.
• A landlord refusing to rent a property to someone because they have children.

Indirect discrimination happens when a rule or policy applies to everyone but has an unfair effect on certain groups of people.

For example, an employer may require all staff to pass a physical fitness test even though the fitness level is not necessary for the job. This could unfairly disadvantage older workers or people with disabilities.

Indirect discrimination is not always unlawful. Whether it is unlawful depends on whether the requirement is reasonable in the circumstances.

Are there laws against discrimination?

National Laws dealing with discrimination include:

• Sex Discrimination Act 1984
• Disability Discrimination Act 1992
• Age Discrimination Act 2004
• Racial Discrimination Act 1975

In WA, there is also the Equal Opportunity Act 1984 which prohibits discrimination, harassment and victimisation in areas such as employment, education, accommodation, provision of goods and services and club membership.

There are also laws that:

• protect people who are victimised if they complain about discrimination; and
• make it unlawful to publish or display an advertisement that aims to discriminate.

National law also creates a positive duty for employers and persons conducting a business or undertaking to take reasonable and proportionate measures to eliminate, as far as possible, certain conduct that is unlawful under the Sex Discrimination Act 1984 (Cth). This includes:

• sex discrimination in a workplace context
• sexual harassment in a workplace context
• sex-based harassment in a workplace context
• conduct that subjects a person to a hostile workplace environment on the ground of sex, and
• certain acts of victimisation.

The Australian Human Rights Commission has powers to investigate and enforce compliance with the positive duty.

Could this be discrimination?

Ask yourself two questions:

1. Why were you treated this way? (Ground)

Was the treatment connected to a protected characteristic such as race, age, sex, disability or religion?

2. Where did it happen? (Area)

Did it happen in an area covered by discrimination laws, such as employment, education, accommodation, or the supply of goods and services?

Ground + Area = Possible discrimination claim

This is not the legal test, but it can help you decide whether to seek legal advice.

What can I do if I experience discrimination?

If you believe you have experienced discrimination, you should seek legal advice as soon as possible.

Step 1: Keep records

Keep a written record of:

• what happened
• who was involved
• what was said or done
• any witnesses

Keep copies of relevant emails, letters, text messages and other documents.

Step 2: Consider your options

You may be able to resolve the issue in one of three ways.

• Informal resolution

You may wish to raise the issue directly with the person involved, their manager, human resources, or your union

• Formal complaint

Many organisations have formal complaint or grievance procedures that can be used to address discrimination.

• Legal action

In some cases, you may be able to make a legal claim through a tribunal, commission or court.

Important: Strict time limits may apply. In some employment-related matters, you may have as little as 21 days to take action.

Where can I make a complaint about unlawful discrimination?

You can make a complaint to:

the Equal Opportunity Commission of WA (EOC) or

• the Australian Human Rights Commission (AHRC).

If your complaint relates to discrimination by an employer (or prospective employer), you may also have rights under the Fair Work Act 2009 (Cth). Depending on the circumstances, you may be able to make an application to the Fair Work Commission or seek assistance from the Fair Work Ombudsman. Different eligibility requirements and time limits apply depending on the type of claim. You should obtain legal advice as soon as possible about your options. and to find out where you should complain about unlawful discrimination. 

You can get more information about job-related discrimination in Your rights at work.

You should get legal advice about your options and to find out where you should complain about unlawful discrimination. 

Important time limits

If you are making a complaint about unlawful discrimination, you should get legal advice and lodge your complaint as soon as you can. This will make it easier and quicker to sort out the issue.

The time limits which apply if you wish to make a complaint are set out below.

Equal Opportunity Commission - Generally, 12 months

Fair Work Commission (certain claims) - Generally 21 days

Australian Human Rights Commission - No fixed deadline, but complaints more than 24 months old may be terminated

Other time limits to keep in mind include:

• Complaints under the Sex Discrimination Act 1984 (Cth) should generally be lodged with the AHRC within 12 months of the alleged act of sex discrimination.
• Complaints alleging human rights breaches and discrimination in employment under the International Labour Organisation (ILO) Convention must be made within 12 months.

Out of time complaints may sometimes be accepted if you can show you had a good reason for not making a complaint earlier and the commission agrees (some only allow extension in exceptional circumstances). If you are out of time, you should seek legal advice urgently.

Other time limits to keep in mind include:

• Complaints under the Sex Discrimination Act 1984 (Cth) should generally be lodged with the AHRC within 12 months of the alleged act of sex discrimination.
• Complaints alleging human rights breaches and discrimination in employment under the International Labour Organisation (ILO) Convention must be made within 12 months.

Out of time complaints may sometimes be accepted if you can show you had a good reason for not making a complaint earlier and the commission agrees (some only allow extension in exceptional circumstances). If you are out of time, you should seek legal advice urgently.

What happens with complaints?

The EOC and AHRC try to resolve problems through conciliation. Conciliation involves working with the parties to talk through the issues and look for a solution. The commissions do not make findings about what happened, or whether someone has broken the law.

If conciliation does not solve the problem, you can apply to:

• the State Administrative Tribunal about complaints lodged with the Equal Opportunity Commission; or
• the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) following the termination of a complaint by the Australian Human Rights Commission.

More information

Legal Aid WA

• Fact sheet LGBTIQA+ Discrimination

Equal Opportunity Commission WA

• Fact sheets on grounds of discrimination and the complaint process

Australian Human Rights Commission

• Information for people making complaints
• Conciliation - How it works

 

Reviewed: 5 October 2026