The defence of "justification" is available in indirect discrimination cases (see SEX DISCRIMINATION/indirect discrimination ). It is not a defence in direct discrimination cases (see SEX DISCRIMINATION/direct discrimination ).

The law provides that there is no sex discrimination where indirect sex discrimination is alleged if the alleged "discriminator" can show that the discriminatory provision, criterion or practice complained of is a "proportionate means of achieving a legitimate aim" (Sex Discrimination Act 1975 s.1(1)(b)(iii) as introduced by Employment Equality (Sex Discrimination) Regulations 2005, SI 2005/2467 reg 3 with effect from 1st October 2005 (different wording achieved a generally similar result before 1st October 2005 - see notes at Sex discrimination/indirect discrimination ).

"Justification" thus removes the act complained of from the Sex Discrimination Act 1975 meaning of discrimination.

Similar rules apply in equal pay cases (see notes at Sex discrimination/equal pay and terms of employment/defence of ''genuine material factor'' ).