The WA Government has introduced new legislation which would require businesses, schools and other organisations to take “reasonable steps” to eliminate discrimination, harassment and vilification.
It would provide a revised avenue for a person to make a complaint to the Equal Opportunity Commissioner for vilification, where suspected that vilification was based on disability, race, religion, sexual orientation, gender identity or sex.
Business Law WA Group Legal Director Ryan Martin said the new legislation would cause duplication with Federal laws, adding complexity for employers.
“Overlapping regulation is unnecessary and a uniform, national anti-discrimination approach would be easier for business to comply with,” he said.
How are WA businesses impacted?
The draft laws expand upon existing obligations for businesses to ensure they do not discriminate against job applications or employees based on protected attributes.
“It is a timely reminder for businesses to review their workplace policies and practices to ensure they are up to date and comply with the existing Federal laws around Respect at Work and, once passed, any new State laws,” Martin said.
“Businesses will also be required to make reasonable adjustments for employees who have a disability, are homeless, pregnant or breastfeeding, exposed to family or domestic violence, have caring responsibilities or who engage in trade union activity,” he said.
“Discriminating against these groups will be unlawful under the new laws.”
We have previously advocated for targeted education and awareness campaigns, and will closely watch the legislation to ensure the right supports are available to businesses impacted by the proposed changes.
Know where your business stands
Business Law WA Group Legal Director Ryan Martin
Martin advised employers to consider how the proposed Bill may affect their business.
“Businesses should first ensure they comply with current State and Federal workplace laws, then understand and prepare for any adjustments that may be required if this legislation passes as it provides for additional or broader protections than the Federal existing laws,” he said.
Business Law WA can help you ensure your workplace policies and practices complies with the laws.
Our Employment Law team can conduct a free Red Flag Review of your internal documents (up to three for CCIWA members, one document if you’re not a member) so you can know what may need further attention.
Get in touch today via [email protected] or on 08 9365 7746.
This article is authorised by Business Law WA, an incorporated legal practice and wholly-owned subsidiary of CCIWA. The content of this article is general in nature and is not legal or professional advice and should not be relied upon as such.
