The General Occupational Requirement (GOR) exception is a provision under the Equality Act 2010 that allows employers to lawfully restrict recruitment to candidates with a particular protected characteristic if it is essential for the job. This exception is crucial in situations where the nature or context of the work necessitates that an individual must possess a specific characteristic, such as sex, race, disability, religion or belief, sexual orientation, or age. The requirement must be a proportionate means of achieving a legitimate aim, ensuring that the restriction is necessary and justified.
Application of the GOR exception
To apply the GOR exception, employers must demonstrate that the characteristic is essential for the job and that there is no less discriminatory way to achieve the same aim. For instance, a public changing room attendant might need to be of the same sex as the users to maintain privacy and decency. Similarly, a refuge for women who have experienced domestic violence might justifiably employ only female support workers to ensure the comfort and safety of the residents.
Practical steps for employers
Evaluate the role: Before advertising a vacancy, assess whether a GOR might apply. Consider the specific duties and context of the role to determine if a particular characteristic is genuinely required.
Document justification: Clearly document the legitimate aim and the proportionality of the requirement. This documentation will be crucial if the decision is challenged.
Review regularly: Circumstances can change, so regularly review the justification for any GOR to ensure it remains valid. This is particularly important if the role or its context evolves over time.
Legal considerations
Employers must ensure that the application of a GOR is consistent with the latest legal guidance and case law. The Equality and Human Rights Commission (EHRC) provides updated guidance on job adverts and the lawful use of GORs. Employers should be aware that the definition of sex for these purposes refers to the legal sex recorded on a birth certificate or gender recognition certificate, which can have implications for roles restricted by sex.
Additional considerations
Employers should also consider the potential for indirect discrimination and ensure that any recruitment practices do not inadvertently disadvantage other groups. Positive action can be taken to encourage applications from underrepresented groups, but this must be carefully balanced to avoid crossing into unlawful positive discrimination.
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