Determining the needs of the job

New and updated

• Date:

  1 May 1991

  Type:

  Law reports

  Like with like comparison under GOQ test

  In Greenwich Homeworkers Project v Mavrou (19 October 1990) EOR37C, the EAT suggests that the test for determining whether personal services could most effectively be provided by a person of a particular sex requires a comparison of a man and a woman who are otherwise similarly qualified.

• Date:

  1 July 1990

  Type:

  Law reports

  Personal services GOQ requires direct contact

  In London Borough of Lambeth v Commission for Racial Equality (17 May 1990)EOR32C, the Court of Appeal confirms that the genuine occupational qualification exception to the Race Relations Act relating to the provision of "personal services" promoting welfare should be restricted to jobs involving direct contact between the giver and the recipient.

• Date:

  1 September 1989

  Type:

  Law reports

  GOQ defence should be narrowly construed

  In London Borough of Lambeth v Commission for Racial Equality (13.6.89) EOR27B, the EAT holds that genuine occupational qualification exceptions to discrimination legislation should be strictly construed.

• Date:

  1 May 1989

  Type:

  Law reports

  Determining whether personal services goq applies

  In Tottenham Green Under Fives' Centre v Marshall (3.2.89) EOR25C, the EAT holds that whether the genuine occupational qualification exception to the Race Relations Act 1976 where the job holder provides persons with personal services promoting their welfare applies requires a balancing exercise between the need to guard against discrimination and the desirability of promoting racial integration.

• Date:

  1 March 1989

  Type:

  Law reports

  Bar on men selling women's clothing unlawful

  In Etam plc v Rowan EOR24H, the EAT upholds an industrial tribunal finding that the employers had failed to show that a job as a sales assistant in a women's clothing store came within the genuine occupational qualification exceptions to the Sex Discrimination Act 1975 because the employers could have organised the work in such a way that a man did not have to undertake duties in the fitting room.

• Date:

  1 May 1986

  Type:

  Law reports

  Positive discrimination held unlawful

  In Hughes and others v London Borough of Hackney (IT, 6.2.86) EOR7A, the employers are held to have unlawfully discriminated by restricting applications for a particular post to black and ethnic minority candidates.