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erroneousblack

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Yes, the Moderators had this very discussion over the same thread. It seems that the legislation says:

 

Sex Discrimination Act

 

It is possible to restrict a job to members of one sex if being of that sex is a genuine occupational qualification for the job but the circumstances where this may apply are very limited. They include:

 

Where the job needs to be held by a person of that sex to preserve decency or privacy because of likely physical contact or because people are likely to be in a state of undress or using sanitary facilities.

 

We felt it was highly likely that this was the case here and so we let it through.

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I don't think it's sufficient to assumeassume this is the case.

 

 

 

 

Oncean employer has decided that a GOQ will apply to a job vacancy andhas drawn up the advertisement, the Equal Opportunities Commission(EOC) recommends that a simple statement should be added to theadvertisement specifying which GOQ is being used, for example:

 

'Section7(2)(b) of the Sex Discrimination Act 1975 applies to this post'.

 

or

 

'Theabove post is exempt under section 7(2)(b) of the Sex DiscriminationAct 1975'.

 

LegalAction

 

Publishersand advertisers share the responsibility for ensuring thatadvertisements do not indicate any intention to discriminateunlawfully. Publishers include newspapers, magazines, television andradio stations etc; and also include the services provided byemployment agencies, Jobcentres and advertising agencies.

 

However,publishers are not liable if they can show:

 

  • that they relied on a statement from the advertiser that publication of a particular advertisement would not be unlawful, and

  • that it was reasonable for them to rely on that statement.

Statements

 

TheEOC recommends that whenever possible publishers should obtainwritten statements from advertisers who claim a GOQ. If anadvertisement is written by an advertising agency on behalf of anemployer, the employer should give the advertising agency a writtenstatement. If a recruitment agency is used, a similar statementshould be given to the recruitment agency (either by the employer orby the advertising agency). If the advertisement then goes to aJobcentre, careers office or publisher, they should also be given awritten statement. (A person who knowingly or recklessly makes such astatement which is false or misleading is committing an offence.)

 

http://www.northumberland.gov.uk/idoc.ashx?docid=6298a3fe-0945-488c-97b0-f3bb27b8e14d&version=-1

 

 

 

 

 

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