The Race Relations (Northern Ireland) Order 1997 No. 869 (NI. 6)

PART II N.I. [F1 DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD]

F1 SR 2003/341

Modifications etc. (not altering text)

C1 Pt. 2 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(c); S.I. 2013/1682, art. 3(k)

[F2 Discrimination and harassment by employers] N.I.

F2 SR 2003/341

Exceptions for genuine occupational qualifications N.I.

8.—(1) In relation to racial discrimination [F3 in cases where Article 7A does not apply]

(a) Article 6(1)(a) or (c) does not apply to any employment where being of a particular racial group is a genuine occupational qualification for the job; and

(b) Article 6(2)(b) does not apply to opportunities for promotion or transfer to, or training for, such employment.

(2) Being of a particular racial group is a genuine occupational qualification for a job only where—

(a) the job involves participation in a dramatic performance or other entertainment in a capacity for which a person of that racial group is required for reasons of authenticity; or

(b) the job involves participation as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of that racial group is required for reasons of authenticity; or

(c) the job involves working in a place where food or drink is (for payment or not) provided to and consumed by members of the public or a section of the public in a particular setting for which, in that job, a person of that racial group is required for reasons of authenticity; or

(d) the holder of the job provides persons of that racial group with personal services promoting their welfare, and those services can most effectively be provided by a person of that racial group.

(3) Paragraph (2) applies where some only of the duties of the job fall within sub-paragraph (a), (b), (c) or (d) as well as where all of them do.

(4) Sub-paragraph (a), (b), (c) or (d) of paragraph (2) does not apply in relation to the filling of a vacancy at a time when the employer already has employees of the racial group in question—

(a) who are capable of carrying out the duties falling within that sub-paragraph; and

(b) whom it would be reasonable to employ on those duties; and

(c) whose numbers are sufficient to meet the employer's likely requirements in respect of those duties without undue inconvenience.

F3 SR 2003/341