What is the law?
In 2004, the California Legislature passed and the Governor signed into law AB 2404 to expand opportunities for girls to play sports in “community parks and recreation.” The law says that girls have to be given equal opportunities to participate in community youth athletic programs, both in quality and scope.
Why is AB 2404 important?
In under-resourced communities, there is a large gap in sports participation opportunities afforded and quality in programming for girls. Recent research shows that in California “low-income teens have fewer options for physical activity, so they are more dependent on parks.” Data suggests that community youth athletic programs are uniquely situated to promote equal access to athletic opportunities for girls in low-income areas. Similarly, where girls in general are under-represented in park-sponsored and -facilitated youth athletic programs, girls are disproportionately missing out on the benefits of athletic participation.
Studies have shown that high school girls who participate in team sports are less likely to drop out of school, less likely to smoke or drink, and less likely to become pregnant. And they are more likely to go on to college. The skills that young women gain from participating in sports, including teamwork, leadership, and discipline, can be crucial to their later success in higher education and employment.
How is the state law (AB 2404) related to federal law (Title IX)?
AB 2404 incorporates concepts from three key laws addressing gender discrimination in athletic activities:
- Title IX (which requires gender equity in federally-funded institutions)
- The Unruh Civil Rights Act (California law protecting from discrimination by business establishments)
- AB 833 (California law prohibiting sex discrimination in state secondary and postsecondary institutions)
In particular, AB 2404 provides two ways that a local youth athletics program can show that it “effectively accommodate[s] the athletic interests and abilities of” girls. The two ways to show compliance are:
- The opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community; OR
- Where the members of one gender are underrepresented in community youth athletics programs, the local government can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.
AB 2404 differs from Title IX in that Title IX allows for a third way for an entity to show compliance—by showing a history and continuing practice of program expansion (this portion of AB 2404 was “sunsetted” as of 2015).
How do you know your community youth athletics program is following the law?
The law identifies twelve factors to determine whether discrimination exists in local sports programming:
- Whether the community youth athletic programs effectively accommodate the athletic interest and abilities of boys and girls
- Provision of money, equipment, and supplies
- Scheduling of games and practice times
- Opportunity to receive coaching
- Assignment and compensation of coaches
- Access to lands and areas through permitting, leasing, or other land use arrangements
- Selection of the season for a sport
- Location of games and practices
- Availability of locker rooms
- Provision of practice and competitive facilities
- Manner of providing publicity
- Quality of umpires, referees, or judges
How can I learn more?
If you have questions about compliance in your community, contact Legal Aid at Work toll-free at (877) 593-0074. More information can be found at https://legalaidatwork.org/our-programs/fair-play-for-girls-in-sports/
October 2024