Section 5Part 2 — PROTECTION AGAINST GENDER DISCRIMINATION
Exception for genuine occupational qualification
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Nothing in section 4 shall apply to any distinction, exclusion or preference based on any ground specified in section 3(2) where a genuine occupational qualification exists.
For the purposes of this Law a genuine occupational qualification for a job exists where —
the essential nature of the job calls for a man or woman for reasons of physique (excluding physical strength or stamina) or, in dramatic performances or other entertainment, for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a person of the opposite sex;
the job needs to be held by a person of a particular sex to preserve decency or privacy because —
it is likely to involve physical contact with persons of the same sex in circumstances where those persons might reasonably object to its being carried out by persons of the opposite sex; or
the holder of the job is likely to do work in circumstances where persons of the same sex might reasonably object to the presence of a person of the opposite sex because they are in a state of undress or use the same sanitary facilities;
in the case of an establishment where less than twenty-five persons are employed, the nature or location of the establishment makes it impracticable for the holder of the job to live elsewhere than in premises provided by the employer and —
the only premises which are available for persons holding that kind of job are occupied or normally occupied, by persons of the same sex and are not equipped with separate sleeping accommodation and sanitary facilities for persons of the opposite sex; and
it is not reasonable to expect the employer either to equip those premises with such accommodation and facilities or to provide other premises for persons of the opposite sex;
the job requires a married couple; or
the nature of the establishment, or the part of it where the work is carried out, requires the job to be held by a person of a particular sex because —
it is, or is part of, a hospital, prison, or other establishment for persons requiring special care, supervision or attention;
those persons are all of the same sex (disregarding any person of the opposite sex whose presence is exceptional); and
it is reasonable, having regard to the essential character of the establishment or that part, that the job should not be held by a person of the opposite sex.
Referenced By
- Section 2 — Interpretation
definition of genuine occupational qualification