Employment Equality Act, 1977

Exclusion of posts where sex is occupational qualification.

17.—(1) This Act does not apply to any act connected with or related to the employment of a person where the sex of the person is an occupational qualification for a post in relation to which the act occurs.

(2) For the purposes of this section, the sex of a person shall be taken to be an occupational qualification for a post in the following cases—

(a) where, on grounds of physiology (excluding physical strength or stamina) or on grounds of authenticity for the purpose of a form of entertainment, the nature of the post requires a member of a particular sex because otherwise the nature of the post would be materially different if carried out by a member of the other sex,

(b) where the duties of a post involve personal services and it is necessary to have persons of both sexes engaged in such duties,

(c) where an establishment or institution is confined (either wholly or partly) to persons of one sex requiring special care, supervision or treatment and the employment of persons of that sex is related to either the character of the establishment or institution or the type of care, supervision or treatment provided in it,

(d) where either the nature of or the duties attached to a post justify on grounds of privacy or decency the employment of persons of a particular sex,

(e) 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 such accommodation or impracticable for an employer so to provide,

(f) where it is necessary that the post should be held by a member of a particular sex because it is likely to involve the performance of duties outside the State in a place where the laws or customs are such that the duties can only be performed by a member of that sex.