Exceptions and defences

In certain circumstances discrimination is not unlawful. For example, compulsory retirement of a man or a woman aged 65 or over is a discriminatory act which is not always unlawful.

It is unlawful for an employer to discriminate against a job applicant or an employee on the basis of sex. However, if a person's sex is a genuine occupational qualification (GOQ) for the job, it is then not unlawful. That is, if the job can only be done by a male or a female. This is not the same as the employer thinking that males are not suitable as clerks or women as managers. The GOQ must show that the job can only be done by a particular sex for essential reasons. For example, a retirement home may want to hire female attendants to help with providing intimate care to female retirees. Stamina and physical strength cannot be considered a genuine occupational qualification for the job when discriminating on the basis of sex.

It is unlawful for an employer to discriminate against a job applicant or employee on the basis of race. However, as in the case of sexual discrimination, there may be certain situations where a person's race is a genuine occupational qualification for the job, for example, when there is a need to achieve authenticity in a dramatic performance or similar entertainment, or in modelling, photographic or artistic work. For example, a theatre director may decide that only a black male can convincingly play the part of Dr Martin Luther King. Another genuine occupational qualification may be to provide personal services to people from a particular racial group, defined by colour or nationality, in connection with their welfare, which a person of the same colour or nationality can do most effectively.

Where it is a specific and necessary requirement of the job, indirect discrimination may also be permissible in those circumstances. For example, your employee may not be permitted to wear a beard for health and safety reasons. Although it appears to be discriminatory if your employee is required to wear a beard for religious reasons, it is necessary for health and safety requirements.

For more detailed information please look at the official Advisory Conciliation and Arbitration Service (ACAS) site (or the Labour Relations Agency (LRA) site , in Northern Ireland).