Part 1 Occupational Requirements
Equality Act 2010 | Legislation

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(1)     A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work—

(a)     it is an occupational requirement,

(b)     the application of the requirement is a proportionate means of achieving a legitimate aim, and

(c)     the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

(2)     The provisions are—

(a)     section 39(1)(a) or (c) or (2)(b) or (c);

(b)     section 41(1)(b);

(c)     section 44(1)(a) or (c) or (2)(b) or (c);

(d)     section 45(1)(a) or (c) or (2)(b) or (c);

(e)     section 49(3)(a) or (c) or (6)(b) or (c);

(f)     section 50(3)(a) or (c) or (6)(b) or (c);

(g)     section 51(1).

(3)     The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read—

(a)     in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored);

(b)     in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored).

(4)     In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted.

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(1)     A person (A) does not contravene a provision mentioned

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