Tickets for “people of colour” … or the problem with positive discrimination

Photo by Ehimetalor Unuabona on Unsplash

Tickets for “people of colour” …

In a previous blog (The force is not with you … published on 28 February and updated on 10 June 2019), I discussed the problems associated with policies of positive discrimination.

So, it is with some interest that I read an item on Sky News today about Afrofuture Fest a music festival which was to take place in the American City of Detroit. The festival organisers had offered tickets for sale to members of the public. Absolutely nothing unusual in that readers will undoubtedly respond, but what was unusual was the fact that the price to be paid in conjunction with an ‘early bird’ promotion was to be determined by the customer’s racial origins (tickets for “people of colour”).

If you were an African American applying for tickets, you would pay less than a White American wanting to go to the gig. I admit that I was intrigued by this marketing approach and I wanted to know what were the underlying motivations of the organisers? I confess: I’m coming from a different cultural perspective here in the UK and, generally, we’re not too keen on the widespread use of positive discrimination as a tool for promoting equality.

Well, it would seem that the pricing policy was motivated by a genuine determination to ensure that African Americans (who happen to be in the disproportionately lower income section of US society) were not deterred from attending the event by high prices. Furthermore, the organisers wanted a racially diverse group of music fans to attend the festival.

All well meaning, but the event has now become mired in controversy with the organisers receiving threats from white supremacist groups and artists deciding not to perform. The ticket policy has now been scrapped.

A link to how the story was reported on Sky News can be found below:

Festival scraps cheaper ‘people of colour’ tickets after ‘white supremacist threats’
http://news.sky.com/story/festival-scraps-cheaper-people-of-colour-tickets-after-white-supremacist-threats-11758953

Positive discrimination: the legal position

Discriminating in favour of one group of people over another (whether this is motivated by a good intention or not) will most likely be regarded as an example of direct discrimination which contravenes Section 13 of the Equality Act 2010.

The judgement of the House of Lords in James v Eastleigh Borough Council [1990] 2 AC 751 was particularly strong on this point and it was irrelevant that the Council was acting from motives of good faith i.e. to promote healthier lifestyles for female residents of the Borough. The simple fact was that the Borough Council was acting unlawfully (in breach of the then Sex Discrimination Act 1975) when it charged men for entry to the swimming pool when women were not charged for access to this facility. The Borough Council had committed an act of direct, sex discrimination.

Positive discrimination has only really been successful in the UK when the Westminster Parliament has given it the full backing of the law and, additionally, it complies with this country’s EU legal obligations.

One notable example of positive discrimination is the Sex Discrimination (Election Candidates) Act 2002 which aimed to encourage more women to enter Parliament by having all women short lists. Previously, such an attempt to promote positive action would have been illegal under the (now repealed) Sex Discrimination Act 1975.  Some (male) Labour activists did, in fact, bring successful legal challenges under the former sex discrimination legislation on the grounds that they had suffered discrimination because of their gender in being automatically disqualified from the parliamentary candidates’ selection process (Jepson and Dyas-Elliott v The Labour Party and Others [1996] IRLR 116).

The other example of positive discrimination involves the Police Service of Northern Ireland. The PSNI was created in 2001 following the Belfast or Good Friday Agreement in 1998. The PSNI replaced the old Royal Ulster Constabulary (RUC) which was largely seen as a biased or sectarian police force by most Roman Catholics in Northern Ireland.

According to figures produced by the official Patten Report, the RUC was overwhelming Protestant in composition (91.7% to 8.3% Roman Catholic).

One of the key recommendations of the Patten Report was that:

“An equal number of Protestants and Catholics should be drawn from the pool of qualified candidates.” [para. 15.10]

This led to a deliberate 50/50 recruitment policy in which half of the candidates recruited to the PSNI had to come from a Roman Catholic background.

That said, there was significant criticism of the 50/50 recruitment policy coming from the Unionist and Loyalist community in Northern Ireland – who were never going to be reconciled to the demise of the RUC in any case. The recruitment policy was only ended in 2011 by Owen Patterson MP, the then Conservative Secretary of State for Northern Ireland. Predictably, this development did not please the Nationalist and Republican community in Northern Ireland.

Affirmative or positive action

In the United States of America, of course, there is a completely different approach to the promotion of diversity and equality from what we would understand in the UK and the European Union. The Americans, for example, are very keen on affirmative action (or positive discrimination) and often employers will speak of filling quotas i.e. recruiting a certain number of African Americans or Hispanic Americans. This practice of affirmative action or positive discrimination is an attempt by the Americans to overcome the problems of historic and entrenched racism in their society. In the UK and the European Union, we too have had our problems with under-representation of certain groups in the work-place, but any attempt to introduce positive discrimination has been much more limited in scope.

Affirmative action has its limits: the ticket policy at Afrofuture Fest would, however, appear to be a breach of the Civil Rights Act 1964 (Title II) which states that:

“All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination on the ground of race, color, religion, or national origin.

The UK and EU approaches to positive discrimination

Limited positive action or discrimination has, for some time, been tolerated by the Court of Justice of the European Union where employers gave preference, as part of an equality policy, to female candidates over suitably qualified male candidates in order to address gender imbalances in the work-place (see Kalanke Freie Hansestadt Bremen (1995) C-450/93 and Badeck and Others (2000) C-158/97).

The Equality Act 2010 does, admittedly, permit what is referred to as ‘positive action’ in fairly limited circumstances and it has been observed that it does not really advance the law very much in this area.

Certainly, in terms of the public sector equality duty, organisations may be permitted to take specified forms positive action in the work-place to eradicate or minimise forms of discriminations e.g. ‘the need to tackle prejudice and promote understanding’ (see Section 149(5) of the Equality Act)

Section 158 of the Act permits an employer to take positive action to help individuals with a protected characteristic to overcome or minimise such a disadvantage. Such action on the part of the employer must, however, be a proportionate means of achieving this aim.

Section 159 also permits an employer to take positive action in recruitment and promotion in relation to people with protected characteristics. The employer will only really be able to utilise this provision if candidates for a job or a promoted post have the same or similar qualifications. In such situations, the employer will able to consider if candidates with protected characteristics are at a disadvantage or are under represented in matters of recruitment or promotion.

There is one important exception to the rules on positive action contained in the Act: it will not be illegal for an employer to treat a disabled person more favourably in comparison to a non-disabled person.

Conclusion

In the UK, positive discrimination in recruitment can be lawful under very limited circumstances. In other words, it is a practice which, if objectively justified, can be used to overcome historical patterns of discrimination e.g. to address the woefully low numbers of female politicians or the under-representation of Roman Catholics in the Police Service in Northern Ireland.

Such arrangements permitting limited positive discrimination tend to be governed by ‘sunset clauses’ i.e. they have a built in expiry date, so they will not last forever. Furthermore, positive discrimination is really only legitimate  in so called ‘tie-break’ situations where several applicants have the same qualifications and experience, but as a matter of public policy, for example, a female or minority ethnic applicant is given preference in order to address historic diversity imbalances in that particular work-place.

The Americans, on the other hand, have tended to pursue a very explicit policy of positive discrimination or affirmative action by placing an emphasis on the filling of quotas – either, for example, in employment or education. Such an approach places a legal obligation on employers and service providers (colleges and universities) to ensure that certain minimum numbers of people from racial or ethnic minority backgrounds are given a job or a place in training or education.

As we have seen with the ticket policy for events such as Afrofuture Fest, positive discrimination can be controversial and potentially unlawful.

Copyright Seán J Crossan, 8 July 2019

Ouch!

Photo by Seán J Crossan

A salutary tale from Northern Ireland about the dangers of unequal pay for employers.

Margaret Mercer, a Belfast solicitor, has been awarded £273,000 in compensation by the Industrial Tribunal (yes, they still exist in Northern Ireland) after she won her equal pay claim against her employer, C&H Jefferson (a law firm).

The Tribunal concluded that Ms Mercer had been doing “like work” when a comparison was made with 4 other colleagues who held the rank of salaried partner in the firm. Three of these individuals were men.

It should be recalled that, under equal pay legislation in the UK, individuals can bring claims on a number of grounds:

  • They are engaged in like work with their comparator(s);
  • They are engaged in work of equal value with their comparator(s); or
  • They are engaged in work rated equivalent with their comparator(s).

C&H Jefferson has stated that it intends to appeal the Tribunal ruling.

More details about Ms Mercer’s claim can be found below in the BBC article:

Belfast solicitor wins £273k in equal pay case

Margaret Mercer found out she was not being paid the same as some colleagues at the law firm C&H Jefferson.

Copyright Seán J Crossan, 26 June 2019

Gender neutral?

Photo by Michael Prewett on Unsplash

On 20 June 2019, the Scottish Government stated that, following a consultation in 2018, it would be bringing forward a Gender Recognition Bill in order to reform the current Gender Recognition Act 2004. It remains unclear, however, when exactly the Government will introduce the draft legislation. Shirley-Anne Sommerville MSP, the Government Minister with responsibility for this issue has publicly admitted that there is still a need to build a “maximum consensus” before things become clearer. 

A link to information about the proposed Bill can be found below:

https://www.gov.scot/publications/review-of-gender-recognition-act-2004/

Gender reassignment (or even gender identity) seems to have become a particularly fraught issue recently as a number of diverse media articles demonstrates:

Father Ted co-creator Graham Linehan warned by police over ‘transphobia’ Twitter row

http://news.sky.com/story/father-ted-co-creator-graham-linehan-warned-by-police-over-transphobia-twitter-row-11520340

Transgender prison inmate who sexually assaulted women jailed for life

http://news.sky.com/story/transgender-prison-inmate-who-sexually-assaulted-women-jailed-for-life-11523584

First UK transgender prison unit to open

https://www.bbc.co.uk/news/uk-47434730

Sam Smith comes out as non-binary: ‘I’m not male or female’

http://www.bbc.co.uk/news/newsbeat-47612616

My passport gender should be non-binary

https://www.bbc.co.uk/news/uk-england-london-48126998

Retired naval chief criticises gender neutral ships

https://www.bbc.co.uk/news/uk-scotland-48037933

Jacqueline Wilson: Gender reassignment for children makes me very worried’

https://edition.independent.co.uk/editions/uk.co.independent.issue.240419/data/8882366/index.html

Munroe Bergdorf: NSPCC cuts ties with transgender activist

https://www.bbc.co.uk/news/uk-48572955

‘Race science’ is rearing its ugly head – again and black women are the target

https://www.independent.co.uk/voices/caster-semenya-race-science-guinea-pig-saartjie-baartman-a8971081.html

Political controversy

In 2018, the Labour Party became embroiled in difficulties concerning the issue of whether trans women should be included in all female short lists for the selection of parliamentary candidates. Senior members of the Party – Jeremy Corbyn, Dawn Butler, Harriet Harman and Angela Rayner are supportive of this initiative. 

The Standing for Women Campaign ran a (fiercely debated) poster ad during the Labour Party’s Conference in Liverpool focusing on the definition of a woman. This poster caused something of a storm and was later removed by the billboard company amid accusations of hate speech and discrimination against transgender people:

This image has an empty alt attribute; its file name is women_poster-1.png

Kellie-Jay Keen-Minshull, one of the activists behind the poster was quoted in The Spectator (11 September 2018) saying:

I was a supporter of the Labour Party for years, but I can’t now in all good conscience support a political party that is hellbent on destroying women’s rights. But this is wider than just the Labour party. The word ‘woman’ matters. It means adult human female. If we expand that definition to say that ‘woman’ includes men who claim to feel like women, so as not to hurt their feelings, the word will become meaningless. As will the rights that generations of women before us fought for.’

Gender Identity Research & Education Society

Sporting controversies

It’s not merely the world of politics which witnessed passionate debates about gender reassignment. The sporting world has also seen some fierce clashes between female and transgender athletes. Former Olympic medalists, Kelly Holmes and Sharron Davies; and former Marathon champion, Paula Radcliffe have all expressed caution about permitting trans-women athletes to compete in women’s sporting events. Martina Navratilova, the former Tennis champion was even accused of being a “transphobe”  when she suggested that the inclusion of trans-women in sporting events could be viewed as tantamount to “cheating”. 

Furthermore, the ongoing scrutiny concerning the gender of the South African athlete, Caster Semenya continues to divide many people in the sporting world. 

The Gender Recognition Act 2004

In April 2005, the Gender Recognition Act 2004 came into force. This Act, which received the Royal Assent on 1 July 2004, currently provides people who have undergone gender reassignment procedures with legal recognition in relation to their newly acquired gender identity. The legislation applies across the United Kingdom and was passed by the Westminster Parliament. 

Legal recognition of a person’s decision to reassign the sex or gender they have had from birth will follow from the issuing of a full gender recognition certificate by a Gender Recognition Panel. The individual applying for such a certificate must be able to satisfy certain criteria – the most important criterion will centre around the submission of medical evidence of physiological changes by the applicant.

Since the introduction of the Act, it has long been the case, therefore, that it will amount be unlawful discrimination to treat a person less favourably because s/he has undergone a a process of gender reassignment.

This now means that the decision by the House of Lords in Chief Constable of West Yorkshire Police v A (2004) which held that the police force could rightfully refuse to employ an individual who had undergone a sex change as a constable has been reversed. Such treatment would now be regarded as an example of unlawful discrimination.

That said, in addition to UK anti-discrimination and equality laws, the Court of Justice of the European Union (as long ago as the case of P v S & Cornwall County Council (1996))held that discriminatory treatment of people having undergone gender reassignment was a breach of the Equal Treatment Directive. The individual in question had been dismissed from employment because she undergone a gender reassignment operation.

In Richards v Secretary of State for Work and Pensions (2006) the Court of Justice of the European Union ruled that a person (Richards) who was born male and then underwent gender reassignment to become female was entitled to claim a pension that would have been payable to a woman at age 60.

The individual in question had suffered less favourable treatment and the UK Government’s insistence that it would only begin to pay a pension to the individual in question from her 65th birthday onwards was an example of discriminatory treatment. In other words, the pensions authority was continuing to treat Richards as a man and was not taking into account the fact that gender reassignment had taken place.

In any event, the Richards case (above) is really of historical interest as the legal situation has greatly improved for any person having undergone gender reassignment. Such a person will now be issued with an official gender recognition certificate (see below) which means that they will be entitled to receive a pension from the date that such a certificate was issued.

The Court of Justice of the European Union has long held that discriminatory treatment of people having undergone gender reassignment is a breach of the Equal Treatment Directive.

The Scottish Government’s proposed Gender Recognition Bill

The proposed Bill is controversial because some Scottish National Party MSPs and MPs (e.g. Joanna Cherry QC, Ash Denham, Kate Forbes and Lindsay Martin) are concerned about its main objective: that an individual who wishes to undergo gender reassignment will no longer have to provide medical evidence to the Gender Recognition Panel. The Panel currently determines the gender or sex of individuals who wish to undergo reassignment by issuing them with a certificate:

https://www.scottishlegal.com/article/joanna-cherry-qc-signs-letter-opposing-rush-to-reform-gender-law

https://www.bbc.co.uk/news/uk-scotland-scotland-politics-48037152

Under the Scottish Government’s proposals, an individual could effectively self-identify as a person of the opposite sex without having to undergo invasive medical procedures and provide the evidence of this fact in order to obtain recognition from the Panel. 

What would be required of the individual in question under the proposed legislation are the following:

  • A statutory declaration to the effect that they have decided to change gender or sex;
  • The declaration will contain a statement that the individual has been living as a man or a woman for at a minimum of 3 months; 
  • The individual will have to undertake a compulsory or mandatory period of 3 months to reflect on the decision to undergo gender reassignment (no gender recognition certificate will be issued until this period has been completed). 

The Equality Act 2010

Section 7 of the Equality Act 2010 addresses the issue of a person who has undergone gender reassignment in the following terms:

 (1) A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.

(2) A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.

As we shall see, when discuss guidance from the Equality and Human Rights Commission (in the paragraph below), the Equality Act 2010 does not actually require a person to have undergone physical or physiological changes in order to be regarded as possessing the protected characteristic of gender reassignment. 

Guidance from the Equality and Human Rights Commission

The Statutory Code on Employment issued by the Equality and Human Rights Commission contains a number of examples which demonstrate discrimination on the grounds of gender reassignment:

Example 1

A person who was born physically female decides to spend the rest of his life as a man. He starts and continues to live as a man. He decides not to seek medical advice as he successfully passes as a man without the need for any medical intervention. He would be protected as someone who has the protected characteristic of gender reassignment.

Example 2

A person born physically male lets her friends know that she intends to reassign her sex. She attends counselling sessions to start the process. However, she decides to go no further. She is protected under the law because she has undergone part of the process of reassigning her sex.

Example 3

Before a formal dinner organised by his employer, a worker tells his colleagues that he intends to come to the event dressed as a woman ‘for a laugh’. His manager tells him not to do this, as it would create a bad image of the company. Because the worker has no intention of undergoing gender reassignment, he would not have a claim for discrimination.

On the other hand, if the employer had said the same thing to a worker driven by their gender identity to cross-dress as a woman as part of the process of reassigning their sex, this could amount to direct discrimination because of gender reassignment.

It is worth noting in the above examples 1 and 2 that the individuals in question have not actually undergone the start of a physical transformation from one gender to another, but nonetheless both are protected in terms of Section 7 of the Equality Act.

Conclusion

A person who has undergone gender reassignment will have a protected characteristic in terms of the Equality Act 2010. Currently, the process by which an individual undergoes gender reassignment is laid down by the Gender Recognition Act 2004. This legislation was passed by the UK Parliament and applies across the country. 

The Scottish Government has now announced that it intends to introduce a Gender Recognition Bill to reform the existing legislation. At the time of writing, it remains unclear when this will happen. 

The purpose of the reforms is to move away from an emphasis on medical evidence to support the issuing of a gender recognition certificate to a system of self-declaration of gender (albeit under certain conditions being satisfied).

This subject has generated a lot of (often heated) debate and will probably continue to do so. 

Postscript

The proposed Gender Recognition Bill continues to cause controversy – Wings over Scotland – the biggest pro-independence blog in Scotland edited by Stuart Campbell has found itself at the centre of the storm this week (4 July 2019). Campbell criticised the prominent nationalist MP, Mhairi Black for appearing on a YouTube channel where she appeared to attack those who were not in favour of the Gender Recognition proposals.

Needless to say this has generated a lot of comments by readers of the blog.

Links to Stuart Campbell’s blog entry and Mhairi Black’s Video can be found below:

https://wingsoverscotland.com/no-independence-day/#more-111060

https://youtu.be/9FlbIes2mlg

 
Copyright Seán J Crossan, 25 June and 5 July 2019

Is it cos I is black?

Ali G was (and still is) the memorable creation of the comedian, Sacha Baron Cohen. Ali G’s catchphrase was “Is it cos I is black?” and the comedian famously put this to a senior British police officer when he gatecrashed a political protest during a sketch for one of his TV shows on Channel 4.

Sacha Baron Cohen was making a very serious point when he wrote and planned such escapades: he was satirising the widespread racist sterotyping of Black and Minority Ethnic (BME) groups in the UK by their fellow White British citizens. When the character of Ali G first made appearances on Channel 4’s The 11 o’clock Show in 1999, it’s worth remembering that it was less than 6 years after the murder of the black teenager, Stephen Lawrence, in London.

Coincidentally, in 1999, Sir William Macpherson, a retired judge of the English High Court, had published his Report on the Stephen Lawrence murder and one of his most famous conclusions concerned the levels of “institutional racism” in the Metropolitan Police Service (paragraphs 4.45 – 6.63).

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/277111/4262.pdf

Several years ago, I attended an event for Black History Month and members of the panel were recounting their experiences of racism in the UK. Glasgow City Councillor, Graham Campbell told the story of his cousin who worked at Ford’s Dagenham car plant who constantly had his locker broken into and vandalised by his white, work colleagues. More often than not, his work tools were stolen from the locker. Eventually, this young man started to carry his tools to and from the Ford plant in order to avoid having to replace them. He was stopped and searched regularly by the same police officers who asked him each time if the tools were for burglaries. This was the kind of harassment that black people typically experienced in Britain of the 1970s.

Racial stereotyping which leads to people from certain ethnic groups suffering (unlawful) less favourable treatment is an example of direct discrimination in terms of Sections 9 and 13 of the Equality Act 2010. Repeated examples of harassment on grounds of race would also constitute breaches of Sections 9 and 26 of the Equality Act 2010.

So, it was with some interest that I read an article in The Independent on Saturday 15 June 2019 which recounted an incident which had taken place in Maidstone in Kent whereby a white police officer had assumed that a black man must be a criminal just because he happened to be in an area which was perceived to be ‘white’.

In England and Wales, you are much more likely to be stopped and searched by the police if you happen to come from the black community:

It doesn’t seem as if attitudes to race in certain sections of the police have moved on much from the 1970s.

A link to the story in The Independent can be found below:††

‘Officer assumed black man was criminal in ‘white area

https://edition.independent.co.uk/editions/uk.co.independent.issue.150619/data/8959141/index.html

Copyright Seán J Crossan, 18 June 2019

Don’t do it!

george-pagan-iii-624417-unsplash.jpg

Don’t do what? Get pregnant, it would seem if you’re a female athlete who receives sponsorship from one of the planet’s most visible sporting brands.

Just this week, allegations have been made by a number of female athletes that Nike withdrew sponsorship after they discovered that they were pregnant.

Now, if the allegations are true, this would certainly represent an example of unlawful, less favourable treatment. Pregnancy and maternity discrimination are prohibited in terms of Sections 17 (non-work cases) and 18 (work cases) of the Equality Act 2010. They are very specific forms of sex discrimination (a person’s sex or gender is a protected characteristic in terms of Section 11 of the Act).

In 2019, you might have been forgiven for thinking that pregnancy discrimination was a thing of the past…

The Sex Discrimination Act 1975

The (now repealed) Sex Discrimination Act 1975, which was held up as a significant advance for woman’s equality, was fundamentally flawed when it addressed the issue of pregnancy and maternity discrimination.

When the Act of 1975 was first introduced, cases involving alleged discrimination connected to a woman’s pregnancy encountered an unexpected problem, which the Parliamentary draftsmen had not taken into account: how could it be valid to attempt a comparison between that of a pregnant woman’s situation with that of a man? A strict application of the legislation meant that this was not a valid comparison and, therefore, many of the earliest sex discrimination claims failed because some judges applied the literal approach to the interpretation of the Act – even if this made the law something of an ass and, more seriously, led to blatant injustice.

This Act made it very clear that central to the success of any claim was the complainant’s ability to compare his or her allegedly less favourable treatment to an actual or hypothetical male/female comparator. If he or she could not do this, the claim would fail. A woman claiming that she had suffered discrimination on the grounds of her sex must have been able to carry out a like with like comparison.

The woman’s circumstances and those of her male comparator must have been broadly the same (they should not have been materially different) otherwise a meaningful comparison could not be made.

The European Union

This situation really continued into the 1990s and, it was only when the Court of Justice of the European Union resolved the matter in Dekker v Stichting Vormingscentrum voor Jonge Volwassen Plus (1991), that things started to improve. Dekker clearly established that there was no requirement for pregnant women to identify a male comparator when they were alleging that they had experienced unlawful, less favourable treatment.

The Equality Act 2010 now, in theory, affords pregnant women and mothers much stronger legal protection than the Sex Discrimination Act 1975 ever did, but yet examples of pregnancy and maternity discrimination still arise.

It was as recently as 2016 that the Equalities and Women Committee of the House of Commons exposed the shocking extent of pregnancy and maternity discrimination in the UK. Maria Miller MP, chair of the Committee stated:

Our 2016 report laid bare the significant discrimination and poor treatment faced by 54,000 pregnant women and mothers at work each year.”

A link to the Committee’s Report can be found below:

https://www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-committee/news-parliament-2017/pregnancy-maternity-discrimination-2-statement-17-19/

Just do it?

Being deadly serious, the above slogan (of Nike) will hardly sit well with those female athletes in receipt of sponsorship from the company. That said, should we really be surprised that stories of this nature emerge when read against the Report of the Women and Equalities Committee?

A link to the article about alleged pregnancy discrimination as reported by Sky News can be found below:

Pregnant athletes ‘punished’ by Nike, says champion British runner Jo Pavey
http://news.sky.com/story/pregnant-athletes-punished-by-nike-says-champion-british-runner-jo-pavey-11721817

In 2018, Nike was praised for endorsing Colin Kaepernick, the former African American Football star who had actively campaigned to raise awareness of racial inequality. Now with these sex discrimination allegations, is it a case of one step forward, ten steps back for Nike?

Postscript

On 26 May 2019, The Independent reported that Nike had promised not to impose financial penalties on those female athletes who became pregnant and who were in receipt of sponsorship from the corporation. This was undoubtedly due to the considerable, adverse publicity which the story had generated around the world.

A link to the article in The Independent can be found below:


https://edition.independent.co.uk/editions/uk.co.independent.issue.260519/data/8930341/index.html

On 17 August 2019, the BBC reported that Nike had removed the offensive clause from its contracts with female athletes.

A link to the story can be found below:

Allyson Felix: Nike changes policy for pregnant athletes

Six-time Olympic gold medallist Allyson Felix says female athletes will “no longer be financially penalised for having a child” after Nike changed its sponsorship contracts.

Copyright Seán J Crossan, 17 & 26 May and 17 August 2019