The question of whether a club is or is not private is usually left for courts to decide. The courts analyze elements like ‘history of club’ to check if the club was designed to be selective in membership. Usually the key points that courts take into consideration is ‘exclusiveness of club in the selection of new members’ and ‘the use of club facilities by non members. However, according to a recent report, Golf clubs and other private members’ establishments will no longer be able to ban women members from their bars or discriminate in any other way on gender grounds. Equality bill is all set to control golf clubs discrimination which means that private clubs with mixed membership could no more deal with women differently. The change is drafted in a government consultation paper aimed at rationalising the UK’s complicated net of discrimination legislation. The paper, the discrimination law review which is being published, is aimed to improve discrimination legislation. Following are some of the past cases of discrimination:
Case Study I: A professional female wrestler was refused license by a promotional company on the pretext that licensing with respect to the projected venue was subject to condition that forbade women from participating. She moved to court. Her claim of sexual discrimination was upheld by the industrial court. The licensing authority argued that the whole situation was an exception provided in the sex Discrimination Act 1975 s 51(1) and also that Local Government 1963 Act rendered them with the power to admit terms for granting license as it thought were proper and thus licensing authority’s appeal was allowed accordingly.
Case Study II: Ms petty practiced as Judo instructor and had British Judo Association’s qualification as National Judo referee. In 1977 Ms Petty was stated by BJA that they had a policy which prohibited women from refereeing men at national level. Ms Petty moved to industrial tribunal under S13 of the SDA which banishes discrimination by bodies which alleviates engagement in sports. The industrial tribunal upheld Ms Petty’s claims of discrimination. BJA in turn appealed to the EAT. However EAT upheld Industrial tribunal’s judgment and found BJA had discriminated against Ms Petty and had acted in disregard of S13.
Moving on to sports ethics, competitive environment in sports has led to tremendous performance pressures on athletes. They make use of performance enhancing drugs. Although the use of anabolic steroids enhances athlete’s performance, they also pose some serious health risks. The consumption of such drugs is impermissible. Also the drug users create unfair pressure on other competitors. The re- regulation of sport is happening within complex surroundings of European regularity frameworks and international sports federations. The European Model of sport was published in 1998. The European commission maintains that in the future growth and maturation of sport, the special features of European model need to be realized fully. At European level, the European Court of Justice has understandably decreed that sports organizations can no more