Racism and homophobia in English football: The equality act, positive action and the limits of law

Abstract

This article provides an analysis of two connected discriminatory practices in contemporary English male professional football. The first discriminatory practice concerns race and employment opportunities as coaches and managers despite the relative high levels of professional players from certain Black Minority and Ethnic (BME) backgrounds. An evaluation is made as to whether the introduction of a Rooney-type rule that requires BME candidates to be interviewed for these types of positions, which currently operates in American Gridiron Football, should be introduced in the United Kingdom. The second discriminatory practice concerns sexual orientation, appearing to result in it being impossible for gay professional players to openly acknowledge their sexuality. There are tensions between the right to privacy, on the one hand, and evidence of significant elements of homophobia in the culture of professional football, on the other. Both these discriminatory practices are complex and very much of the moment. This article provides an analysis of how these discriminatory practices manifest themselves. A key issue is an evaluation of how the Equality Act, particularly in the context of the positive action provisions under the Act, has provided a remedy to promote diversity in the particular social field of football. A range of anti-racism and anti-homophobia sports-related policies and rules has been developed to engage with these issues and this article examines the relationship between these normative mechanisms and the provisions under the Act. It is contended that the Equality Act’s positive action provisions fail to promote effective diversity in this social field in relation to race and sexual orientation. A case is made for more radical elements of affirmative action to be given legal support to bring about meaningful change in football in terms of diversity and inclusion.