Tool Box
Issue No. 45 - Feb/March 2009
Discrimination rules change
by Mr Shayne Bakewell
Proposed Changes to the SA Equal Opportunity Act The South Australian Government recently introduced a Bill into Parliament that proposes the first amendments in more than 20 years to the Equal Opportunity Act 1984.
A similar Bill introduced in 2006 was ultimately rejected as Parliament could not agree on some of the more controversial points which have been removed or softened in this new attempt. An overview of the issues include:Carers The Government has argued caring responsibilities can arise for both sexes, and at any time in a person’s life. This is why the Government is seeking to make it unlawful to directly/indirectly discriminate against a person for his or her caring responsibilities.
The changes require a business to reasonably accommodate the employee’s needs, and if the employer acts reasonably, there is no consequence at law.
Mentally ill People Under the current Act, only physical illness is mentioned. The proposed changes will include people suffering mental illness under the scope of the Act. This will bring the Act into line with the Commonwealth Disability Discrimination Act. Clients should be mindful that a mental illness can include a silent or hidden illness.
Non-Symptomatic Physical Conditions
People with infections such as HIV and Hepatitis C will have protection. Sufferers will be afforded the same privileges as non-sufferers, but at the same time these amendments should not impede the necessary actions to prevent any further spreading of the conditions.
Breastfeeding Mothers The changes will make it unlawful to refuse to sell
goods or services to a breastfeeding mother, or refuse nursing mothers access to educational services.
People Wearing Religious Dress The current Act is silent on religious dress and the amendments seek to prohibit any prejudice against a person who chooses to wear religious dress, except to the extent that it effects the safety of the workplace or is an inherent...
