"The Power of Equality (except if you play SPORT): Why the Equality Act 2010 reinforces discrimination" [by Associate Professor Kris Lines & Dr Jo Beswick] Presentation on the s.195 Sporting Exemptions contained within the Equality Act 2010 and why sport should be challenged to explain whether it should remain a special case...

1. Associate Professor Kris Lines & Dr Jo Beswick
“The Equality Act 2010 – 5 years on”, the University of Chester [22nd June 2015]
Photo Credits: Purple Sherbet Photography (Flickr)

2. Outline of the Paper
• Equality Act 2010, s.195
• Case-Study1: Women & Girls
• Case-Study2: Gender reassignment
• Case-Study3: Age
• Case-Study4: Race
• Other Protected Characteristics
• Conclusions

3. While many of you may
be familiar with this….

4. You might not be familiar with s.195:

5. Photo Credits: Warren Chrismas (Flickr)

6. Photo Credits: Tim Schofield (Flickr)

8. Photo Credits: Joshjdss (Wikipedia)

10. Photo Credits: Sarah Davison (Flickr)

11. Photo Credits: Alvin Ang (Flickr) Photo Credits: Sultry/Sulky/ Silly (Flickr)

12. A gender-affected activity is a sport,
game or other activity of a competitive
nature in circumstances in which the
physical strength, stamina or physique
of average persons of one sex would
put them at a disadvantage compared
to average persons of the other sex as
competitors in events involving the
activity”

13. Photo Credits: Mtaylor848 (Wikipedia)

14. Photo Credits: Rona Proudfoot (Flickr)
1980: 6 events; all events open to men and women
1984: 7 events; 6 open, 1 men’s
1988: 8 events; 4 open, 3 men’s, 1 women’s
1992: 10 events; 4 open, 3 men’s, 3 women’s
1996: 10 events; 4 open, 3 men’s, 3 women’s
2000: 11 events; 5 open, 3 men’s, 3 women’s
2004: 11 events; 4 open, 3 men’s, 4 women’s
2008: 11 events; 3 open, 4 men’s, 4 women’s
2012: 10 events; 2 open, 4 men’s, 4 women’s
2016: 10 events; NO OPEN, 5 men’s, 4 women’s, 1 MIXED

15. Sport etc.
[F21944.(1)]Nothing in Parts II to IV shall, in relation to any sport, game or
other activity of a competitive nature where the physical strength, stamina
or physique of the average woman puts her at a disadvantage to the
average man, render unlawful any act related to the participation of a
person as a competitor in events involving that activity which are confined to
competitors of one sex.
[F220(2)Subsection (1) applies to discrimination under sections 29 to 31
which falls within section 2A, only if the discrimination is necessary to
secure—
(a) fair competition, or
(b) the safety of competitors, at such events.]

16. A gender-affected activity is a sport, game or other activity of a competitive nature in
circumstances in which the physical strength, stamina or physique of average persons
of one sex would put them at a disadvantage compared to average persons of the
other sex as competitors in events involving the activity”
Photo Credits: Michael Coghlan (Flickr)

17. Photo Credits: Michael Coghlan (Flickr)

18. Photo Credits: Amazon
Photo Credits: Erik van Leeuwen (Wikipedia)
Photo Credits: Duncan Rawlinson (Wikipedia)

19. “There is one thing that a transsexual woman unfortunately cannot
expect to be allowed to do, and that is to play professional sports in
her chosen field. She can get married, live as woman, do all of
those other things, and no one should ever be allowed to take them
away from her. But this limitation—that’s just life. I know because I
lived it.”
Now, she still wonders if it was the right thing to do: “f I had it to do
over, I would have my sex change because that’s what I was
destined to do. But would I have tried to play professional women’s
tennis? Maybe not.
Photo Credits: Soft Surfaces Ltd (Flickr)

20. http://www.transathlete.com/

21. (2) A person does not contravene section 29, 33, 34 or 35, so far as relating to
gender reassignment, only by doing anything in relation to the participation of a
transsexual person as a competitor in a gender-affected activity if it is
necessary to do so to secure in relation to the activity—
(a) fair competition, or
(b) the safety of competitors.
Photo Credits: Torbakhopper (Flickr)
But what about Intersex?

22. Photo Credits: Martin Beek (Flickr)

23. Martin v. PGMOL (2010)
Conroy v. SFA (2013)
McCririck v. Channel 4 (2013)
Photo Credits: Will Palmer (Wikipedia)
Willey & Sharpe v. ECB
(2015)

24. Photo Credits: Brian Clayton (Flickr)

25. (7) A person does not contravene this Act, so far as relating to age
discrimination, only by doing anything in relation to the participation of another
as a competitor in an age-banded activity if it is necessary to do so—
(a) to secure in relation to the activity fair competition or the safety of
competitors,
(b) to comply with the rules of a national or international competition, or
(c) to increase participation in that activity.
.
Photo Credits: Torbakhopper (Flickr)

26. (b) to comply with the [CONTRACTUAL] rules of
a national or international competition???
Photo Credits: Phillippa Willets (Flickr)

27. Photo Credits: Eric Constantineau (Flickr)

28. (5) A person who does anything to which subsection (6) applies does not
contravene this Act only because of the nationality or place of birth of another or
because of the length of time the other has been resident in a particular area or
place.
(6) This subsection applies to—
(a) selecting one or more persons to represent a country, place or area or a
related association, in a sport or game or other activity of a competitive nature;
(b) doing anything in pursuance of the rules of a competition so far as relating
to eligibility to compete in a sport or game or other such activity.
.
Photo Credits: Pierre-Sellm (Flickr)
RFU: “So I would like to confirm that it is our strong intent, from the end of the
Rugby World Cup 2011 through the RWC 2015 cycle, to select our Elite Player
Squads at all levels entirely from players playing at English clubs where at all
possible

29. Photo Credits: Got Credit (Flickr)

30. Pistorius v. IAAF (2008)
Photo Credits: Will Clayton (Flickr)Photo Credits: Flguardian2 (Flickr)
PGA Tour, inc v. Martin (2001)Hall v. VAFA (1999)
Photo Credits: Trygve Utstumo (Flickr)

32. Photo Credits: Guillaume Palmer (Flickr)

33. Sagen v. VANOC (2010)
Photo Credits: Jungle Boy (Flickr)
Nagra v. CABA (2000)Martin v. IOC (1984)
Photo Credits: Pau.Artigas (Flickr)

34. The challenge is to justify why
the Equality Act 2010 should
contain exemptions for sport….

35. Is Equality best served by:
- Emphasising differences?
- Removing segregation?

36. QUESTIONS?