Sex Discrimination Act 1975 (repealed)

[F17A“Corresponding exception relating to gender reassignment.”E+W+S

(1)In their application to discrimination falling within section 2A, subsections (1) and (2) of section 6 do not make unlawful an employer’s treatment of another person if—

(a)in relation to the employment in question—

(i)being a man is a genuine occupational qualification for the job, or

(ii)being a woman is a genuine occupational qualification for the job, and

(b)the employer can show that the treatment is reasonable in view of the circumstances described in the relevant paragraph of section 7(2) and any other relevant circumstances.

(2)In subsection (1) the reference to the employment in question is a reference—

(a)in relation to any paragraph of section 6(1), to the employment mentioned in that paragraph;

(b)in relation to section 6(2)—

(i)in its application to opportunities for promotion or transfer to any employment or for training for any employment, to that employment;

(ii)otherwise, to the employment in which the person discriminated against is employed or from which that person is dismissed.

(3)In determining for the purposes of subsection (1) whether being a man or being a woman is a genuine occupational qualification for a job, section 7(4) applies in relation to dismissal from employment as it applies in relation to the filling of a vacancy.

[F2(4)Subsection (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.]]

Textual Amendments

F1Ss. 7A, 7B inserted (1.5.1999) by S.I. 1999/1102, reg. 4(1)