(1) Nothing in this Division renders unlawful discrimination against a person
on the ground of the person's sex where being a person of a particular sex is
a genuine occupational qualification for the job.
(2) Being a person of a
particular sex is a genuine occupational qualification for a job where any one
or more of the following requirements is satisfied--
(a) the essential nature
of the job calls for a person of that sex for reasons of physiognomy or
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, or
(b) the job needs to be held by a person of that sex to
preserve decency or privacy because it involves the fitting of a person's
clothing, or
(c) the job requires the holder of the job to enter a lavatory
ordinarily used by persons of that sex while it is used by persons of that
sex, or
(d) the job requires the holder of the job to search persons of that
sex, or
(e) the job requires the holder of the job to enter areas ordinarily
used by persons of that sex while in a state of undress or while bathing or
showering, or
(f) the job requires the holder of the job to live in premises
provided by the employer and--
(i) those premises are not equipped with
separate sleeping accommodation for persons of the opposite sex and sanitary
facilities which could be used by persons of the opposite sex in privacy from
persons of that sex, and
(ii) it is not reasonable to expect the employer
either to equip those premises with accommodation and facilities of that kind
or to provide other premises for persons of the opposite sex, or
(g) the job
requires the holder of the job to keep persons of that sex in custody in a
prison or other institution or in part of a prison or other institution, or
(h) the holder of the job provides persons of that sex with personal services
relating to their welfare or education, or similar personal services, and they
or a substantial number of them might reasonably object to its being carried
out by a person of the opposite sex, or
(i) the job is one of two to be held
by a married couple.
(3) Being a person of a particular sex is a genuine
occupational qualification for a prescribed job or a job of a prescribed class
or description.
(4) Nothing in subsection (2) limits the Governor's power to
make a regulation for the purposes of subsection (3).
