Naomi Cunningham published in New Law Journal

Naomi Cunningham has written an article titled ‘Women’s Sport and the law’ in New Law Journal.  

In this article, discrimination law specialist, Naomi Cunningham, and Fiona McAnena, director of sport at Fair Play For Women, examine what is fair and what is legal when it comes to trans inclusion in elite women’s sports, weighing up the law and the latest guidance.

For as long as there has been organised sport, men and women have competed in separate categories. In March 2023, World Athletics announced that no athlete who had gone through male puberty would be allowed to compete in women’s world ranking competitions. Soon after, UK Athletics followed suit.

Naomi and Fiona discuss whether sporting bodies risk legal claims brought by males who identify as women and want to be allowed to compete in women’s events. But there is also a risk of indirect discrimination claims brought by women who claim this is unfair competition according to Section 44 of the Sex Discrimination Act 1975 (SDA 1975).

Read the full article here.

Find out more

Naomi Cunningham is a barrister specialising in discrimination law, and chair of Sex Matters. She accepts instructions in goods and services discrimination as well as in the full range of employment matters. In recent years, Naomi has developed a particular interest in gender reassignment discrimination, the interaction between the Equality Act and the Gender Recognition Act, the single-sex exceptions in the Equality Act and public sector equality duty. 

To find out more, contact Nick Levett on +44 (0)20 7427 4908 or Mark Gardner +44 (0)20 7427 4909 for a confidential discussion.

External Publications 6 Jun, 2023