The thorny question of when discrimination is fair play

The Caster Semenya case could become relevant here in the near future – and employers and sporting bodies alike would be wise to pay heed

The Court of Arbitration for Sport (CAS) decided this month to dismiss an arbitration request made by middle distance runner Caster Semenya and Athletics South Africa to declare invalid and void the International Association of Athletics Federation’s Eligibility Regulations for Female Classification (Athletes with Differences of Sex Development).

The regulations provide that female athletes who have testosterone levels above a certain threshold cannot compete in athletics events from 400 metre to one mile.