Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 17

Exception-genuine occupational requirements

17. Exception-genuine occupational requirements



(1) An employer may limit the offering of employment to people of one sex if
it is a genuine occupational requirement of the employment that the employees
be people of that sex.

(2) Without limiting the generality of subsection (1), it is a genuine
occupational requirement to be a person of a particular sex in relation to
employment if-

   (a)  the employment can be performed only by a person having particular
        physical characteristics (other than strength or stamina) that are
        possessed only by people of that sex; or

   (b)  the employment needs to be performed by a person of that sex to
        preserve decency or privacy because it involves the fitting of
        clothing for people of that sex; or

   (c)  the employment includes the conduct of searches of the clothing or
        bodies of people of that sex; or

   (d)  the employee will be required to enter a lavatory ordinarily used by
        people of that sex while it is in use by people of that sex; or

   (e)  the employee will be required to enter areas ordinarily used only by
        people of that sex while those people are in a state of undress.

(3) An employer may limit the offering of employment-

   (a)  to people of a particular age, sex or race;





   (b)  to people with or without a particular impairment-

in relation to a dramatic or an artistic performance, entertainment,
photographic or modelling work or any other employment, if it is necessary to
do so for reasons of authenticity or credibility.

(4) An employer may discriminate on the basis of physical features in the
offering of employment in relation to a dramatic or an artistic performance,
photographic or modelling work or any similar employment.