The Race Relations Act 1976 (Amendment) Regulations 2003

Exception for genuine occupational requirement

7.  After section 4 of the 1976 Act insert—

“Exception for genuine occupational requirement

4A.— (1) In relation to discrimination on grounds of race or ethnic or national origins—

(a) section 4(1)(a) or (c) does not apply to any employment; and

(b) section 4(2)(b) does not apply to promotion or transfer to, or training for, any employment; and

(c) section 4(2)(c) does not apply to dismissal from any employment;

where subsection (2) applies.

(2) This subsection applies where, having regard to the nature of the employment or the context in which it is carried out—

(a) being of a particular race or of particular ethnic or national origins is a genuine and determining occupational requirement;

(b) it is proportionate to apply that requirement in the particular case; and

(c) either—

(i) the person to whom that requirement is applied does not meet it, or

(ii) the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it.”.