4 What does the law say? Sport usually involves the provision of ‘goods, services and facilities’ and—where the definition of ‘club’ is met—the provision of club membership and benefits. Participation in sport may also involve requests for information. Discrimination in the context of sport may arise if a sporting organisation refuses to allow a transgender or gender diverse person: • to participate in the competitions it runs, or • to join the club it operates. Further details on these provisions are outlined in sections 4.2(b) to (d). (b) Discrimination in the provision of goods, services and facilities It is unlawful to discriminate against another person based on their sex or gender identity in the following ways: • by refusing to provide goods or services, or make facilities available23 • in the terms or conditions which apply to the use of the goods, services or facilities24 • in the manner in which the goods or services are provided, or the facilities are made available.25 Case study Indirect discrimination in the provision of player facilities Greenhill uses a ground owned by Westacre for weeknight training. Westacre only unlocks the men’s changeroom block for Greenhill’s use. A number of Greenhill’s players identify as transgender and non-binary and prefer to use the women’s changeroom. Not providing access to the women’s changeroom disadvantages the transgender and non-binary members of the Greenhill team. They either leave work early so they can get changed at home, or get changed in the carpark. Westacre’s actions do not constitute a ‘special measure’ and do not fall within any of the relevant exemptions. Despite a number of requests, Westacre repeatedly refuses to unlock the women’s changeroom. When pressed on the issue they say that Greenhill competes in the men’s competition and should therefore ‘only need access to the men’s changeroom’. Westacre’s management also mentions that they cannot be expected to open the women’s changeroom because this will mean extra cleaning for their staff. In this case, Westacre has a policy of expecting all members of men’s sporting teams, regardless of their gender identity, to use the same men’s changeroom. This affects the Greenhill players who identify as transgender and non-binary. Though the players who are not transgender are treated in the same way as the players who are transgender or non-binary, the transgender and non-binary players are not able to use the changeroom that matches their gender identity. This disadvantages transgender and non-binary players. Since the decision not to unlock the women’s changeroom does not appear to be ‘reasonable’, this may amount to unlawful indirect discrimination on the basis of gender identity. 18