Sex refers to a person’s gender. Under the EOA sex is interpreted as a man or a woman and is given the following meanings:

  • Man – a male person of any age;
  • Woman – a female person of any age.

Discrimination on the grounds of a person’s sex occurs where a person of one sex is treated less favourably than another person of the opposite sex, in circumstances that are the same or not materially different.

The acts of discrimination can be in employment, education, provision of goods and services and provision of accommodation.

Discrimination on the grounds of a person’s sex is prohibited, expect in the case where being of a particular sex is a ‘Genuine Occupational Qualification’; or for admission to a single sex educational establishment; or to maintain privacy and decency in the provision of accommodation where the accommodation is established for persons of a particular sex.

Sex, however does not include a person’s sexual preference or orientation.