PART 3 — UNFAIR DISCRIMINATION [HRA 19] Areas where unfair discrimination prohibited 19 (1) It is unfair discrimination for a person, while involved in any of the areas set out in subsection (3), directly or indirectly to differentiate adversely against or harass any other person by reason of a prohibited ground of discrimination. (2) Without limiting subsection (1), sexual harassment, for the purposes of this section, constitutes harassment by reason of a prohibited ground of discrimination. (3) The areas to which subsection (1) applies are— (a) the making of an application for employment, or procuring employees for an employer, or procuring employment for other persons; (b) employment; (c) participation in, or the making of an application for participation in a partnership; (d) the provision of an approval, authorisation or qualification that is needed for any trade, calling or profession; (e) the provision of training, or facilities or opportunities for training, to help fit a person for any employment; (f) subject to subsection (4), membership, or the making of an application for membership, of an employers’ organisation, an employees’ organisation or an organisation that exists for members of a particular trade, calling or profession; (g) the provision of goods, services or facilities, including facilities by way of banking or insurance or for grants, loans, credit or finance; (h) access by the public to any place, vehicle, vessel, aircraft or hovercraft which members of the public are entitled or allowed to enter or use; (i) the provision of land, housing or other accommodation; (j) access to, and participation in, education. (4) Subsection (3)(f) does not apply to access to membership of a private club or to the provision of services or facilities to member of a private club. [HRA 20] Genuine occupational qualification 20 (1) It is not unfair discrimination in relation to any of the areas referred to in section 19(3)(a) to (e) if the prohibited ground of discrimination is a genuine occupational qualification. (2) For the avoidance of doubt, adverse differentiation by reason of a prohibited ground of discrimination is a genuine occupational qualification where a position is for the purposes of an organised religion and the differentiation complies with the doctrines, rules or established customs of the religion. [HRA 21] Genuine justification 21 Adverse differentiation by reason of a prohibited ground of discrimination in relation to any of the areas referred to in section 19(3)(f) to (j) is not unfair discrimination if there is genuine justification for the differentiation. [HRA 22] Guidelines on genuine occupational qualification and genuine justification 22 Without limiting the Commission’s power to issue guidelines on any other matter within its jurisdiction the Commission may, for the avoidance of acts and practices which 10,601 Job: specialist/lof/allvols/serv_0/cap3a_399501 Page: 13 Date: 21/11/2016 Time: 23:31:5 bwpageid:: 10601:: bwservice::0:: Service 0