ABSTRACT
There is also here a potentially complex interaction of religion, race and gender. For example, it is contended that most cases of medical treatment do not fall within the sections, because the cultural norm allows and expects medical treatment to be carried out by members of either sex. This becomes progressively less true as the medical treatment involves a greater element of counselling, as with birth control clinics. However, some racial and religious groups, especially Muslim women, may object to medical examination and treatment, not necessarily intimate, by a man. If a school or a factory which was predominantly Muslim hired a female nurse, it is probable that the defence would apply. It is contended that all medical treatment comes within the meaning of the term ‘personal services’; whether the services can most effectively be provided by a woman will then turn on the tribunal’s evaluation of the depth and appropriateness of the objection. Furthermore, there is a clear overlap between the issue under this section of whether the services can more effectively be provided by a woman and the issue under s 7(2)(b) of whether a woman might reasonably object to such procedures on the grounds of privacy or decency.
