My all-female team outperforms the men's, so why is my pay half of my male counterparts?
In Kenya, on average, for every Sh100 a man earns, a woman is paid only Sh82, according to a gender pay study released by UN Women last year.
What you need to know:
- The Sports Act, which governs sports associations in Kenya, emphasises fairness and inclusivity.
- It requires sports organisations to operate in ways that promote gender equity, making it clear that discrimination in any form, including pay disparities, is not permissible.
Dear Vivian,
I am a female athlete playing in a well-known league under a sports association. Recently, I discovered that my male counterparts are paid almost twice as much as I am, despite the fact that my team consistently performs better than the men’s. Are there legal avenues available to compel the association to review this pay gap and ensure equal compensation for both genders?
Anonymous
Dear Reader,
Unequal pay in sports mirrors similar challenges in other professions. This disparity goes against the principles of equality and non-discrimination protected by the law.
The Constitution guarantees equality and prohibits discrimination on any grounds, including gender. Pay disparities between male and female athletes performing under the same league, particularly when female athletes consistently perform better, violate the principle of fairness embedded in the law. Additionally, the Constitution calls for measures to address historical inequalities and promote gender equity in all sectors, including sports.
The Employment Act also prohibits employers from discriminating based on gender when it comes to pay and other terms of employment. As members of the same league, male and female athletes should receive equal compensation for their work, especially when they bring equal or greater value to the sport.
The Sports Act, which governs sports associations in Kenya, emphasises fairness and inclusivity. It requires sports organisations to operate in ways that promote gender equity, making it clear that discrimination in any form, including pay disparities, is not permissible. These legal provisions mean that your sports association has a duty to ensure equal treatment and pay for all athletes, regardless of gender.
Beyond Kenyan law, international commitments such as the Convention on the Elimination of All Forms of Discrimination Against Women, to which Kenya is a signatory, reinforce the obligation to eliminate gender-based discrimination.
In practice, Kenyan courts have addressed gender discrimination in various contexts. For example, cases addressing workplace inequality have shown that the courts are willing to enforce fairness and compel institutions to align their policies with the law.
To address this issue, you can explore several legal avenues. Filing a complaint with the Sports Disputes Tribunal is a good starting point. This body has the authority to investigate and resolve disputes related to discrimination, including pay disparities, in the sports sector. The tribunal, in particular, is designed to handle issues within sports governance and could provide a platform for your concerns.
Alternatively, you could file a petition in court challenging the pay disparity as discriminatory and unlawful. The court could order the sports association to review its compensation structure and ensure equal pay for all athletes. Remedies may also include compensation for the pay gap and systemic changes to prevent future inequalities.
It may also help to join forces with other female athletes in your league to present a united front. Collective advocacy, paired with legal action, can amplify the pressure on the sports association to address these disparities.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
