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Article Index
Illegal Discrimination
Test of Discrimination
Setting Standards
Equal Treatment
Dealing with a Complaint
Allowable Discrimination
Where to Get Help


6. Allowable Discrimination

Some forms of discrimination are permitted.

6.1 Action can be taken to help groups seriously under-represented in the workforce over the preceding 12 months.

  • Members of such groups can be offered more favourable access to training and work experience.
  • They can also be positively encouraged to apply for work. But decisions on selection for employment or promotion must not be based on illegal forms of discrimination.

6.2 Discrimination may be permitted where an ‘occupational requirement’ applies:

  • It must be a genuine and crucial requirement in order to do the job — for example, requiring a model of a particular gender to advertise clothing for that gender.
  • The application of the requirement must be a ‘good proportionate means of achieving a legitimate aim’.
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