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As a general rule it is unlawful to specify that you require somebody of a particular race or sex, unless it is a genuine occupational qualification (GOQ) for a position. An example of a genuine occupational qualification is where there is a need to pursue privacy or decency, e.g. the requirement for a male care assistant whose job involves helping men dress or use the toilet. In the event of the GOQ rule applying, this must be stated on the advertisement and job details.
GOQs are always open to challenge and if an employer is challenged, the burden of proof lies with them to show that a GOQ applies to the job at issue. But it is only an employment tribunal who can give an authoritative ruling as to whether or not a GOQ is valid.
The Sex Discrimination Act (SDA) makes it unlawful for men or to receive less favourable handling in employment because of their sex. However, in certain limited circumstances it is lawful to discriminate in recruitment, training, promotion and transfer in a job for which the sex of the worker is a genuine occupational qualification (GOQ). Section 7 of the SDA provides an exception to the requirements of the Act and allows a job to be restricted to one sex where the sex of the worker is a genuine occupational qualification. A GOQ exists when the essential nature of the job, or certain duties attached to the job, call for a member of one sex.
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