PART II

DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD

Discrimination and harassment by employers

Exceptions for genuine occupational qualifications
8
1
In relation to racial discrimination 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.
SR 2003/341
SR 2003/341
SR 2003/341
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)