Discrimination occurs when a person is treated less favourably than another person, in the same or similar circumstances. Discrimination includes indirect discrimination, which occurs when a rule or requirement has the effect of disadvantaging a person our group of persons, even where no discrimination was intended. Discrimination may be unlawful when the person or group of persons who are affected by the discrimination have one of the protected characteristics covered by the state Equal Opportunity Act 1984 (WA) or national equal opportunity laws. The Fair Work Act 2009 (Cth) also includes some discriminatory protections.

For more information see our fact sheets Discrimination and sexual harassment and General protections for national system employees.