Section 13: Exceptions to sections 10 to 12

13. Exceptions to sections 10 to 12 (1) Notwithstanding sections 10 to 12, an employer or prospective employer may discriminate on the ground of sex where being of a particular sex is a genuine occupational qualification for employment, promotion, transfer or training. (2) For the purposes of subsection (1), being of a particular sex is a genuine occupational qualification where— (a) the duties relating to the employment or training can only be performed by a person having particular physical characteristics, other than strength or stamina, that are possessed only by persons of that sex; (b) the duties relating to the employment or training need to be performed by a person of a particular sex to preserve decency or privacy because they involve the fitting of clothing for persons of that sex; (c) the duties relating to the employment or training include the conduct of searches of the clothing or bodies of persons of a particular sex; (d) the nature of the establishment where the work is carried out requires a position to be held by a person of a particular sex because— (i) it is a hospital, prison or other establishment for persons requiring special care, supervision or attention; (ii) the other persons are all of the same sex, except where the presence of a person of the opposite sex is exceptionally required; and (iii) it is reasonable, having regard to the essential character of the establishment, that the position should not be held by a person of the opposite sex; or (e) the holder of the position provides persons with personal services for promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex. [Issue 4] E13A – 10 Revised Laws of Mauritius (3) Notwithstanding sections 10 to 12, an employer or prospective employer may discriminate against a person who has an impairment where— (a) taking into account the person’s past training, qualifications and experience relevant to the particular employment, and in case the person is already employed by that employer, that person’s performance as an employee, and all other relevant factors that it is reasonable to take into account, that person because of his impairment— (i) would be unable to carry out the inherent requirements of the particular employment; or (ii) would, in order to carry out those requirements, require services or facilities that are not required by persons without an impairment and the provision of which would impose an unjustifiable hardship on the employer; or (b) because of the nature of the impairment, the work environment or the nature of the work involved, there is or likely to be— (i) a substantial risk that the person will injure himself; or (ii) a risk that the person will injure others, and it is not reasonable in all the circumstances to take that risk. (4) For the purposes of subsection (3) (a) (ii), in determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case shall be taken into account including— (a) the nature of the benefit, facility or service or detriment likely to accrue or be suffered by any person concerned; and (b) the financial circumstances of, and the estimated amount of expenditure required to be made by, the employer. (5) Notwithstanding sections 10 to 12, an employer or prospective employer may discriminate— (a) on the ground of age, where the offer of employment is limited to persons of a particular age; (b) on the ground of reli case shall be taken into account including— (a) the nature of the benefit, facility or service or detriment likely to accrue or be suffered by any person concerned; and (b) the financial circumstances of, and the estimated amount of expenditure required to be made by, the employer. (5) Notwithstanding sections 10 to 12, an employer or prospective employer may discriminate— (a) on the ground of age, where the offer of employment is limited to persons of a particular age; (b) on the ground of religion where being of a particular religion is a necessary qualification for employment in a religious shop; (c) in determining who should be offered employment in relation to the provision of domestic or personal services in, or in relation to, any person’s home; (d) on the basis of political belief or activity in the offering of employment to another person as a ministerial adviser, member of staff of a political party, member of the electorate staff of any person or any similar employment; E13A – 11 [Issue 2] Equal Opportunities Act (e) in determining who should be offered employment where the employer employs no more than 10 employees on a full-time basis; or (f) in determining who should be offered employment or training where, for purposes of authenticity, the duties relating to the employment or training require the participation of a person of a particular age, sex, race or colour— (i) in a dramatic performance or other form of entertainment; or (ii) as an artist’s photographic or exhibition model in the production of a work of art, visual image or sequence of visual images.