Human Rights Act 1993

27 Exceptions in relation to authenticity and privacy

(1)

Nothing in section 22 shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.

(2)

Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.

(3)

Nothing in section 22 shall prevent different treatment based on sex where—

(a)

the position needs to be held by one sex to preserve reasonable standards of privacy; or

(b)

the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—

(i)

the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and

(ii)

it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.

(4)

Nothing in section 22 shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.

(5)

Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so.

Compare: 1977 No 49 ss 15(3), 15A(1)(a); 1992 No 16 s 4