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Pregnant Women Bans in Sport: Is This Discrimination and Why Does it Keep Happening?
The all time most popular blog post on my blog is, over a month after it was written, my op ed piece entitled "Slo-pitch National Bans Pregnant Women." This is a little bit surprising since the story was not breaking news (they have been banning pregnant women for years) nor an action that is unique to Slo-Pitch National (SPN). In fact, it seems as if most of the post readers come from internet searches that are asking whether women should play softball while pregnant. Although I am the first to admit that a blog written by an aspiring lawyer is not the place to get medical advice about what is and what is not safe to do while pregnant, this blog is the appropriate place to address the legal and ethical problems with banning all pregnant women from certain sporting events.
So here we go.
One of the first media sensations regarding pregnant women being banned from sports occurred in 2001 when Netball Australia banned pregnant women from playing in all levels due to concerns over injury and insurance. The decisions sparked criticism from doctors, athletes and women nation wide in Australia (where netball is a very popular sport). The decision was successfully challenged by Trudy Gardner who received $6750 for "hurt, humiliation and loss of match payments" when she was banned from playing netball while pregnant. Trudy was successful by challenging under the discrimination act.
Trudy had missed only three games due to the pregnancy, but would have missed more had she not won a court injunction in 2001 that allowed her to play for the national netball team while pregnant. The discrimination case was not decided until 2003. Trudy was quoted after the hearing as saying that her court case was about the principle, not the money.
The Age quotes Trudy as saying:
Trudy's case did more then set a precedent in the courts. The Australian Sports Commission prepared a report for the federal government of Australia that clearly stated that a ban on pregnant women playing sport could contravene anti-discrimination laws. It also found that the benefits of playing sport could outweigh the potential risks and that sporting mishaps are unlikely to harm an unborn baby. These guidelines for the Australian sport industry have been well received and there have been no high profile cases against Australian sports agencies since they have been released.
Unfortunately for female pregnant athletes this court decision and scandal in Australia does not seem to have expanded across the globe. Countries that are generally know for being progressive when it comes to women's rights still have cases in which women are banned from participating in sporting events.
In 2009, for example, a high school volleyball player in the United States was removed from her school's volleyball team after it was discovered that she was pregnant. The athlete, MacKenzie McCollum was a 17-year-old high school student from Texas. McCollum was at times barred from the team and when finally allowed to play saw dramatically reduced playing time even though the season was early in her first trimester and she had written support from her physician. The story received national news attention on ESPN and helped to raise the profile of pregnant women's rights.
The problem in the United States has been addressed in some areas. The NCAA, for example, issued rules protecting female athlete from losing athletic scholarships after becoming pregnant. This occurred after athletes who were afraid of losing their scholarships were hiding their pregnancies from their schools. Now female athletes can work with their schools to develop training programs for them to use while they are pregnant that can allow the women to continue to play in a safe way (when their doctors deem it safe for them to do so).
In Canada, it appears that there has been no government policy issued from Sport Canada providing guidance for national sport organizations and leagues regarding the legalities of banning pregnant women from competition. In my follow up post regarding pregnant women being
So here we go.
One of the first media sensations regarding pregnant women being banned from sports occurred in 2001 when Netball Australia banned pregnant women from playing in all levels due to concerns over injury and insurance. The decisions sparked criticism from doctors, athletes and women nation wide in Australia (where netball is a very popular sport). The decision was successfully challenged by Trudy Gardner who received $6750 for "hurt, humiliation and loss of match payments" when she was banned from playing netball while pregnant. Trudy was successful by challenging under the discrimination act.
Trudy had missed only three games due to the pregnancy, but would have missed more had she not won a court injunction in 2001 that allowed her to play for the national netball team while pregnant. The discrimination case was not decided until 2003. Trudy was quoted after the hearing as saying that her court case was about the principle, not the money.
The Age quotes Trudy as saying:
"It's a great relief that it's all done, it's all over and hopefully for the better for netball. I'm not a person that will go out and push for money. I was just happy to get something from them and more so an apology. It has been difficult at different stages but now I've got Thomas to enjoy and, you know, just to get on with my life with my partner."
Trudy's case did more then set a precedent in the courts. The Australian Sports Commission prepared a report for the federal government of Australia that clearly stated that a ban on pregnant women playing sport could contravene anti-discrimination laws. It also found that the benefits of playing sport could outweigh the potential risks and that sporting mishaps are unlikely to harm an unborn baby. These guidelines for the Australian sport industry have been well received and there have been no high profile cases against Australian sports agencies since they have been released.
Unfortunately for female pregnant athletes this court decision and scandal in Australia does not seem to have expanded across the globe. Countries that are generally know for being progressive when it comes to women's rights still have cases in which women are banned from participating in sporting events.
In 2009, for example, a high school volleyball player in the United States was removed from her school's volleyball team after it was discovered that she was pregnant. The athlete, MacKenzie McCollum was a 17-year-old high school student from Texas. McCollum was at times barred from the team and when finally allowed to play saw dramatically reduced playing time even though the season was early in her first trimester and she had written support from her physician. The story received national news attention on ESPN and helped to raise the profile of pregnant women's rights.
The problem in the United States has been addressed in some areas. The NCAA, for example, issued rules protecting female athlete from losing athletic scholarships after becoming pregnant. This occurred after athletes who were afraid of losing their scholarships were hiding their pregnancies from their schools. Now female athletes can work with their schools to develop training programs for them to use while they are pregnant that can allow the women to continue to play in a safe way (when their doctors deem it safe for them to do so).
In Canada, it appears that there has been no government policy issued from Sport Canada providing guidance for national sport organizations and leagues regarding the legalities of banning pregnant women from competition. In my follow up post regarding pregnant women being
