# Sex Discrimination (Northern Ireland) Order 1976, Article 10A: Corresponding exception relating to gender reassignment

Extent: N.I.

(1) In their application to discrimination falling within Article 4A or 4B , paragraphs (1) and (2) of Article 8 do not make unlawful an employer's treatment of another person if—
(a) in relation to the employment in question—
(i) being a man is a genuine occupational qualification for the job; or
(ii) being a woman is a genuine occupational qualification for the job; and
(b) the employer can show that the treatment is reasonable in view of the circumstances described in the relevant sub-paragraph of Article 10(2) and any other relevant circumstances.
(2) In paragraph (1) the reference to the employment in question is a reference—
(a) in relation to any sub-paragraph of Article 8(1), to the employment mentioned in that sub-paragraph;
(b) in relation to Article 8(2)—
(i) in its application to opportunities for promotion or transfer to any employment or for training for any employment, to that employment;
(ii) otherwise, to the employment in which the person discriminated against is employed or from which that person is dismissed.
(3) In determining for the purposes of paragraph (1) whether being a man or being a women is a genuine occupational qualification for a job, Article 10(4) applies in relation to dismissal from employment as it applies in relation to the filling of a vacancy.
(4) Paragraph (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.

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Source: https://www.legislation.gov.uk/nisi/1976/1042/article/10A (the official version)
Page: https://openlegislation.uk/sex-discrimination-northern-ireland-order-1976/article-10A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.