Judge rules against womens players in equal pay suit vs. U.S. Soccer Federation

[Celerity]

https://theathletic.com/1789788/2020/05/01/judge-rules-against-womens-players-in-equal-pay-suit-vs-u-s-soccer-federation/



On the evening of May 1st, Judge Gary Klausner of the U.S. District Court for the Central District of California released his partial summary judgment in the U.S. women’s national team’s lawsuit against the U.S. Soccer Federation, which sought compensation equal to that of the men’s national team. In his decision, Klausner ruled almost entirely against the players and in favor of the U.S. Soccer Federation in both parts of the players’ suit.

The players’ argument under the Equal Pay Act was denied entirely, and their argument under Title VII of the Civil Rights Act was denied almost entirely; all that remains in that part of the suit are the team’s claims of unequal treatment when it comes to travel conditions (specifically charter flights) and personnel and support services.

The ruling is a harsh reminder that public sentiment doesn’t always translate into legal results. In public, the team has enjoyed equal pay chants at matches, and received widespread support for their ‘four stars, no crest’ protest, turning their warm-up jerseys inside out at a March SheBelieves Cup game. U.S. Soccer, meanwhile, has been dealt damage to its brand along with accusatory statements from their own sponsors regarding their treatment of the women’s national team players. In court, however, the players’ momentum was swept out from under them with one 32-page document.

“We are shocked and disappointed with today’s decision, but we will not give up our hard work for equal pay,” Molly Levinson, spokesperson for the players, said via a statement on Friday. “We are confident in our case and steadfast in our commitment to ensuring that girls and women who play this sport will not be valued as lesser just because of their gender.” Levinson also promised that the players will appeal, via the 9th U.S. Circuit Court of Appeals. The players can still make gains in settlement talks with the federation, and based on the initial reaction to Friday night’s ruling, will still have a large advantage when it comes to public support.

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[jimfields33]

1. A George W judge

78 years old so possible replacement for joe Biden. I know it doesn’t help now.

[secondwind]

2. Wow... shocking

[smirkymonkey]

3. What is the reason behind the judgment? Or is it just plain old sexism?

What a bullshit judgment!

[ripcord]

4. The men and women players signed different contracts

The judge said he wasn't going to renegotiate their contract for them.

[Igel]

5. That's the "what". I always like the "why".

https://www.npr.org/2020/05/02/849492863/federal-judge-dismisses-u-s-womens-soccer-team-s-equal-pay-claim

In dismissing the women's claim that they are paid less for the same work, Klausner pointed to differences in the structure of the men's and women's contracts — contracts to which they agreed in collective bargaining.

"The WNT [ Women's National Team ] rejected an offer to be paid under the same pay-to-play structure as the MNT [Men's National Team] and ... the WNT was willing to forgo higher bonuses for other benefits, such as greater base compensation and the guarantee of a higher number of contracted players," Klausner wrote. "Accordingly, Plaintiffs cannot now retroactively deem their CBA worse than the MNT CBA by reference to what they would have made had they been paid under the MNT's pay-to-play structure when they themselves rejected such a structure."

The judge said the women's contract guarantees players will be paid regardless of whether they play. The men are paid if they are called into camp to play and then participate in a match. On this point, Klausner said, the plaintiff's statements "were insufficient to establish a genuine dispute."

[Dr. Strange]

6. In retrospect, the women should have taken the same deal as the men's team.

Hindsight is 20-20 and I do see the benefit of the deal the women's team made, but I wonder if they'll go for the other approach during the next bargaining agreement?

[Takket]

7. makes sense to me. Next time the contract is up for renewal they need to demand more or not play

[Here2Stay]

8. Exactly

Dont work if you arent happy with your pay.