(1) Nothing in section 268 shall apply to any distinction, exclusion or preference based on the grounds specified under section 267(2) where a genuine occupational qualification exists.
(2) For the purposes of this Division, a genuine occupational qualification for a job exists where—
(a) the essential nature of the job calls for a particular sex, ethnic origin, race, non-disability, for reasons of physiology excluding physical strength or stamina;
(b) in dramatic performances or other entertainment, for reasons of authenticity, the essential nature of the job would be materially different if carried out by a person of the opposite sex or different race, ethnic or social origin or religion to the person chosen to do the job;
(c) in a religious institution, the essential nature of the job calls for a particular religious affiliation or belief and the essential nature of the said job would be materially different or unable to be carried out if performed by a person of a different religious affiliation or belief;
(d) the job needs to be held by a man or a woman to preserve decency or privacy because—
(i) it is likely to involve physical contact with other persons in circumstances where those persons might reasonably object to its being carried out by persons of the opposite sex or conversely, by persons of the same sex,
(ii) the holder of the job is likely to do work in circumstances where persons of the same sex might reasonably object to the presence of a person of the opposite sex because they are in a state of undress or are using sanitary facilities,
(e) the nature or location of the establishment makes it impracticable for the holder of the job to live elsewhere than in premises provided by the employer, and—
(i) the only such premises which are available for persons holding that kind of job are occupied or normally occupied by persons of the same sex and are not equipped with separate sleeping accommodation and sanitary facilities for persons of the opposite sex, and
(ii) it is not reasonable to expect the employer either to equip those premises with such accommodation and facilities or to provide other premises for persons of the opposite sex or to work out a practicable solution of usage of such facilities for members of both sexes;
(f) the job requires a married couple;
(g) the nature of the establishment, or the part of it where the work is carried out, requires the job to be held by a person of a particular sex because—
(i) it is or is part of a hospital, correctional facility, or other establishment for persons requiring special care, supervision or attention,
(ii) those persons are all of the same sex, disregarding any person of the opposite sex whose presence is exceptional, and
(iii) it is reasonable, having regard to the essential character of the establishment or of the part of the establishment, that the job should not be held by a person of the opposite sex;
(h) the holder of the job provides individuals with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex; or
(i) on the grounds of disability it is shown that—
(i) the disability in question was or will be a relevant consideration in relation to the particular requirements of the employment concerned and the performance of the job cannot be carried out as a result of the disability, or
(ii) special facilities or modifications, whether physical, administrative, or otherwise, are required to be made at the work place to accommodate the disabled person which the employer cannot be expected to make except with undue financial hardship.