Can an employer refuse to hire someone because of their sex?
- An employer cannot discriminate on the ground of sex when recruiting for the same or similar work, or in conditions of employment s. 3(2)(ii).
- The only exception is work in which the law prohibits or restricts the employment of women s. 3(2)(ii).
Last checked 1 Nov 2026 · written from the official text · not reviewed by a lawyer. This explains the law in general and does not decide your case.
What the Labour Ministry says
- “The Employers shall not discriminate on ground of gender including transgender in matter relating to wages, recruitment of an employee for the same work or work of a similar nature and in the conditions of employment.” Q9, FAQs on the Code on Wages, 24 Dec 2025: official copy · our copy
This is the Ministry's explanation, not the law. Its FAQs and Handbook say the Codes prevail.