26Exception—genuine occupational requirements

26 Exception—genuine occupational requirements (1) An employer may limit the offering of employment to people of one sex if it is a genuine occupational requirement of the employment that the employees be people of that sex. (2) Without limiting the generality of subsection (1), it is a genuine occupational requirement to be a person of a particular sex in relation to employment if— (a) the employment can be performed only by a person having particular physical characteristics (other than strength or stamina) that are possessed only by people of that sex; or (b) the employment needs to be performed by a person of that sex to preserve decency or privacy because it involves the fitting of clothing for people of that sex; or (c) the employment includes the conduct of searches of the clothing or bodies of people of that sex; or (d) the employee will be required to enter a lavatory ordinarily used by people of that sex while it is in use by people of that sex; or (e) the employee will be required to enter areas ordinarily used only by people of that sex while those people are in a state of undress. (3) An employer may limit the offering of employment in relation to a dramatic or an artistic performance, entertainment, photographic or modelling work or any other employment— (a) to people of a particular age, sex or race; S. 26(3)(b) amended by No. 26/2011 s. 34(Sch. item 3.6). (b) to people with or without a particular disability— if it is necessary to do so for reasons of authenticity or credibility. (4) An employer may discriminate on the basis of physical features in the offering of employment in relation to a dramatic or an artistic performance, photographic or modelling work or any similar employment. S. 26(5) inserted by No. 7/2022 s. 35. (5) An employer may discriminate on the basis of a person's profession, trade or occupation in relation to the offering of employment if experience in a particular profession, trade or occupation is relevant to the employment or offer and is a genuine occupational requirement for the position or role on offer and it is reasonable to discriminate on that basis in the circumstances.