However, it is permissible for a person to request or require: • a person of a particular sex to provide information about their medical history where it relates to medical conditions that affect people of that sex only • a person who is pregnant to provide medical information concerning the pregnancy.31 It is important to note that any information provided by a person in response to a request of this nature cannot be used for the purpose of unlawful discrimination. For example, if a sporting organisation permissibly requests medical information in line with the above from a player for health and safety reasons, they cannot use that information to unlawfully discriminate against the player. 4.3 When is discrimination allowed? Discrimination on the basis of sex or gender identity in sport will be permitted under the Act if: • the different treatment amounts to a ‘special measure’, or • an exemption applies. (a) Special measures Special measures are positive actions used to promote equality for disadvantaged groups. They are often referred to as ‘positive discrimination’ or ‘affirmative action’, and address the unequal position of two groups of people (for example, women and men) by implementing a practice which favours the disadvantaged group. The Act allows for a special measure to be taken for the purpose of achieving substantive equality between women and men, and people of different gender identities.32 Guidelines for the inclusion of transgender and gender diverse people in sport • 2019 • 21