The Lawdown Episode 44: Chelsea football player Sam Kerr found not guilty of racially aggravated harassment; Luis Rubiales convicted of sexual assault after Spain’s 2023 Women’s World Cup win; and the US driven rollback on DEI

In our latest episode of The Lawdown, Emma Bartlett, Sarah Chilton, Wonu Sanda and first-time contributor Liz Pearson discuss the following:

1. Sam Kerr (a high profile Australian and Chelsea football player) being found not guilty of racially aggravated harassment. We dig deeper into the circumstances that led to the criminal prosecution and the context behind the headlines. We also consider whether Kerr’s actions would meet the test for harassment under employment law.
2. Luis Rubiales (former president of the Spanish Football Federation) convicted of sexually assaulting Spanish footballer Jenni Hermoso during the 2023 Women’s World Cup. We discuss the importance of recognising for the purposes of unlawful harassment in an employment context, what might be “sexual harassment” or harassment “related to sex” and  importantly what is “unwanted conduct”.
3. The US government led rollback on diversity equity and inclusion (DEI) programmes and the big multinational companies following suit; we interrogate the potential assumptions and drivers behind the change in approach and consider whether and how companies operating in the UK may be affected.