Equality Exemptions

There are exceptions to the general prohibition on discrimination. Each is subject to particular terms and conditions. The terms will be strictly applicable for the exemption to be available.

Steps taken by parties to reduce inequality in relation to election candidate selection or permit charities which confer benefits on one sex only or which benefits for the opposite sex are exceptional or relatively insignificant, may not be discriminatory if they are a proportionate means of achieving a legitimate aim for the purpose of preventing or compensating for a disadvantage linked to sex.

The legislation does not apply to sports or games or activities of a competitive nature where the physical stamina, strength, or physique of the average woman puts her at a disadvantage to the average man. Activities limited to the participation of one sex are not discriminatory where it is necessary to ensure fair competition and the safety of competitors in such events.

Discriminatory treatment in relation to insurance risk assessment is permissible where it is objectively justifiable by reference to actuarial and other data on which it is reasonable to rely. The difference in treatment must be proportionate, and conditions apply. The assessment must be made on relevant and accurate actuarial and statistical data; Treasury guidance is relevant.

It is not unlawful sex discrimination to admit persons to communal accommodation if the accommodation is managed in such a way as to give fair and equitable treatment for men and women. Communal accommodation means accommodation that includes dormitories or shared sleeping accommodation that, for reasons of privacy or decency, should be used by one sex only. It includes residential accommodation, all or part of which should be used by one sex only because of the nature of sanitary facilities.

Account is taken of whether it is fair and reasonable to expect the accommodation should be altered or extended or that further accommodation should be provided, the frequency of use by one gender as opposed to the other, and in respect of discrimination, how far discrimination is a proportionate means of achieving a legitimate aim.

The above provisions cannot render it unlawful sex discrimination against the man or a woman in relation to the provision of a benefit, facility, or service if that can only be provided effectively for those using communal accommodation, and in the relevant circumstances, the woman or the man could be lawfully refused the accommodation by the above circumstances.

There is an exception to the general prohibition for positive discrimination by training bodies in relation to occupations in which no persons are relatively small in number working in Northern Ireland. There is a further exception where the condition applies for an area within Northern Ireland. This is subject to more limited conditions.

Certain acts done for the protection of women in the context of health, safety, and welfare at work, where it is necessary, are rendered lawful. This includes, in particular, provisions in relation to pregnancy and maternity and the circumstances giving rise to risks specifically affecting women where the protection relates only to such protection or protects other classes of persons as well.

Acts done for the purpose of safeguarding national security or protecting public safety or public order and justified for that purpose do not constitute unlawful discrimination. The Secretary of State may issue a certificate to this effect. There is provision for appeal against a certificate to a Tribunal.