Can I exclude a couple of men who have applied for jobs normally done by women?
No. This would be discriminatory. If, however, you can prove that being a woman is a Genuine Occupational Qualification for the job, the discrimination would be lawful. This would normally apply only where: · authenticity is involved – for example, where someone of a particular sex is required for an advertisement or television part; · personal services are required – for example, a social worker serving a particular ethnic group; or · decency or privacy is involved – for example, for a job in a residential establishment, or involving physical contact. This defence is limited, and will be interpreted narrowly by an Employment Tribunal. You will not be able to use it to disguise an otherwise discriminatory reason for non-selection.
