sec.25Genuine occupational requirements

### sec.25 Genuine occupational requirements A person may impose genuine occupational requirements for a position. selecting an actor for a dramatic performance on the basis of age, race or sex for reasons of authenticity using membership of a particular political party as a criterion for a position as an adviser to a political party or a worker in the office of a member of Parliament considering only women applicants for a position involving body searches of women employing persons of a particular religion to teach in a school established for students of the particular religion Subsection (3) applies in relation to— work for an educational institution (an employer ) under the direction or control of a body established for religious purposes; or any other work for a body established for religious purposes (also an employer ) if the work genuinely and necessarily involves adhering to and communicating the body’s religious beliefs. It is not unlawful for an employer to discriminate with respect to a matter that is otherwise prohibited under section 14 or 15 , in a way that is not unreasonable, against a person if— the person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer’s religious beliefs— during a selection process; or in the course of the person’s work; or in doing something connected with the person’s work; and A staff member openly acts in a way contrary to a requirement imposed by the staff member’s employer in his or her contract of employment, that the staff member abstain from acting in a way openly contrary to the employer’s religious beliefs in the course of, or in connection with the staff member’s employment. it is a genuine occupational requirement of the employer that the person, in the course of, or in connection with, the person’s work, act in a way consistent with the employer’s religious beliefs. Subsection (3) does not authorise the seeking of information contrary to section 124 . For subsection (3) , whether the discrimination is not unreasonable depends on all the circumstances of the case, including, for example, the following— whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person’s actions; the consequences for both the person and the employer should the discrimination happen or not happen. Subsection (3) does not apply to discrimination on the basis of age, race or impairment. To remove any doubt, it is declared that subsection (3) does not affect a provision of an agreement with respect to work to which subsection (3) applies, under which the employer agrees not to discriminate in a particular way. In this section— religion includes religious affiliation, beliefs and activities. selection process means a process the purpose of which is to consider whether to offer a person work. s 25 amd 2002 No. 74 s 15 (sec.25-ssec.1) A person may impose genuine occupational requirements for a position. selecting an actor for a dramatic performance on the basis of age, race or sex for reasons of authenticity using membership of a particular political party as a criterion for a position as an adviser to a political party or a worker in the office of a member of Parliament considering only women applicants for a position involving body searches of women employing persons of a particular religion to teach in a school established for students of the particular religion (sec.25-ssec.2) Subsection (3) applies in relation to— work for an educational institution (an employer ) under the direction or control of a body established for religious purposes; or any other work for a body established for religious purposes (also an employer ) if the work genuinely and necessarily involves adhering to and communicating the body’s religious beliefs. (sec.25-ssec.3) It is not unlawful for an employer to discriminate with respect to a matter that is otherwise prohibited under section 14 or 15 , in a way that is not unreasonable, against a person if— the person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer’s religious beliefs— during a selection process; or in the course of the person’s work; or in doing something connected with the person’s work; and A staff member openly acts in a way contrary to a requirement imposed by the staff member’s employer in his or her contract of employment, that the staff member abstain from acting in a way openly contrary to the employer’s religious beliefs in the course of, or in connection with the staff member’s employment. it is a genuine occupational requirement of the employer that the person, in the course of, or in connection with, the person’s work, act in a way consistent with the employer’s religious beliefs. (sec.25-ssec.4) Subsection (3) does not authorise the seeking of information contrary to section 124 . (sec.25-ssec.5) For subsection (3) , whether the discrimination is not unreasonable depends on all the circumstances of the case, including, for example, the following— whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person’s actions; the consequences for both the person and the employer should the discrimination happen or not happen. (sec.25-ssec.6) Subsection (3) does not apply to discrimination on the basis of age, race or impairment. (sec.25-ssec.7) To remove any doubt, it is declared that subsection (3) does not affect a provision of an agreement with respect to work to which subsection (3) applies, under which the employer agrees not to discriminate in a particular way. (sec.25-ssec.8) In this section— religion includes religious affiliation, beliefs and activities. selection process means a process the purpose of which is to consider whether to offer a person work. - (a) work for an educational institution (an employer ) under the direction or control of a body established for religious purposes; or - (b) any other work for a body established for religious purposes (also an employer ) if the work genuinely and necessarily involves adhering to and communicating the body’s religious beliefs. - (a) the person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer’s religious beliefs— (i) during a selection process; or (ii) in the course of the person’s work; or (iii) in doing something connected with the person’s work; and Example for paragraph (a) — A staff member openly acts in a way contrary to a requirement imposed by the staff member’s employer in his or her contract of employment, that the staff member abstain from acting in a way openly contrary to the employer’s religious beliefs in the course of, or in connection with the staff member’s employment. - (i) during a selection process; or - (ii) in the course of the person’s work; or - (iii) in doing something connected with the person’s work; and - (b) it is a genuine occupational requirement of the employer that the person, in the course of, or in connection with, the person’s work, act in a way consistent with the employer’s religious beliefs. - (i) during a selection process; or - (ii) in the course of the person’s work; or - (iii) in doing something connected with the person’s work; and - (a) whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person’s actions; - (b) the consequences for both the person and the employer should the discrimination happen or not happen.