Employment Equality Act, 1998
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Exclusion of discrimination in certain employments. |
25.—(1) Nothing in this Part or Part II applies to discrimination against A in respect of employment in a particular post if the discrimination results from preferring B on the ground that, by reference to one or more of subsections (2) to (4) the sex of B is or amounts to an occupational qualification for the post in question. | |
(2) For the purposes of this section, the sex of B shall be taken to be an occupational qualification for a post where, on grounds of physiology (excluding physical strength or stamina) or on grounds of authenticity for the purpose of entertainment, the nature of the post— | ||
(a) requires a person of the same sex as B, and | ||
(b) would be materially different if filled by a person of the same sex as A. | ||
(3) For the purposes of this section, the sex of B shall be taken to be an occupational qualification for a post where it is necessary that the post should be held by B because it is likely to involve the performance of duties outside the State in a place where the laws or customs are such that those duties could not reasonably be performed by a person who is of the same sex as A. | ||
(4) For the purposes of this section, the sex of B shall be taken to be an occupational qualification for a post— | ||
(a) where the duties of the post involve personal services and it is necessary to have persons of both sexes engaged in such duties, or | ||
(b) where, because of the nature of the employment it is necessary to provide sleeping and sanitary accommodation for employees on a communal basis and it would be unreasonable to expect the provision of separate accommodation of that nature or impracticable for an employer so to provide. |