Where membership of one sex or the other meets an essential and determining professional requirement and provided that the objective is legitimate and the requirement proportionate, the prohibitions provided for in Article L. 1142-1 do not apply.
A decree of the Conseil d’Etat shall determine, after consultation with representative employers’ and employees’ organisations at national level, the list of jobs and professional activities for which membership of one or other sex constitutes the determining condition. This list is revised periodically.