Sentences with phrase «genuine occupational requirement»

The ECJ said that customers» requests are not genuine occupational requirements.

«There is clearly no «genuine occupational requirement» that any of these individuals are religious, but UK law allows discrimination in this way.

The exemption allows an employer to advertise a post as being open only to people with a particular protected characteristic, where this is a genuine occupational requirement.

This self - declared «gender identity» would then be a legally protected characteristic and it would be prohibited to discriminate against you on the basis of it, even in cases where provision of women - only services is a proportionate means of achieving a legitimate aim, and even where there is a genuine occupational requirement to employ a woman.

Its own Equality Act advice for schools says «Voluntary - aided schools may apply religious criteria when recruiting or dismissing any member of their teaching staff... Religious criteria may not be applied to any other posts in a VA school unless there is a genuine occupational requirement.»

Against a backdrop as complex and shifting as this, UK companies may need to establish a clothing policy which is consistent, practical and easy to defend on the basis of it being a proportionate and legitimate means of achieving a legitimate business aim or a genuine occupational requirement.

The ECJ found that Ms Bougnaoui had been discriminated against, and that the concerns (not to say prejudices) of an individual client did not represent a genuine occupational requirement, such as a health and safety concern regarding the headscarf in question.

Really, the question was whether the ability to satisfy the cultural expectations and prejudices of customers should be seen as a genuine occupational requirement — as part of the job.

At first glance, the idea that absence of religious clothing could be a genuine occupational requirement for an engineer is rather surreal, and so it is not surprising that the Court said that it could not.

A company could not refuse to employ somebody because they were not a catholic and everyone else who worked for the company was a catholic — except where there was a genuine occupational requirement such as being a catholic priest.

Direct discrimination is harder to justify than indirect: it would have to be a genuine occupational requirement.

The one point was whether employers in such cases might be able to rely on the defence of «genuine occupational requirement» under s 4A of RRA 1976.

Such discrimination will not be in violation of the Code if the employer can prove that the prohibited ground for discrimination is a genuine occupational requirement, and that failure to meet such a requirement can not be reasonably accommodated.

Employers recruiting in NSW must also be able to show that a targeted recruitment strategy meets the requirements of a special measure (set out in section 2 of this guideline), even if they are granted an exemption from the Anti-Discrimination Act 1977 (NSW) to conduct the program (or can rely on the genuine occupational requirements provision).

There are two types of exceptions which can apply in the case of targeted recruitment of Aboriginal and Torres Strait Islander people: «special measure» provisions and «genuine occupational requirement» provisions.

The only exception to this is if being of a particular race or ethnic background is a «genuine occupational requirement» for the position advertised and the employment involves one or more of the circumstances set out in s 14 of the NSW Act.