Indirect discrimination
Yes, provided the physical characteristics are essential in order to perform the job satisfactorily or in order to meet safety requirements. For example, a bus company might specify that drivers have to weigh less than 100kg because the driver’s seat is only manufactured to carry a weight of no more than 100kg.
see also » Overweight/obesity
An employer who wishes to specify physical characteristics as part of the qualifications for the job needs to remember that the Act prohibits indirect discrimination. Indirect discrimination occurs when an apparently neutral job condition or requirement has the effect of excluding some job applicants on one of the grounds prohibited by the Act. For example, a minimum-height requirement is likely to have more effect on women than on men and, as well, may have more effect on men from some ethnic groups than from others. Therefore physical characteristics may only be specified if there is a genuine reason for doing so.
The Act provides a “good reason” defence to a complaint of indirect discrimination. This is that there are objectively sound reasons for the practice that are unrelated to any prohibited form of discrimination.