Claim of unequal pay by U.S. women's soccer team dismissed by judge

[LeHab]

A federal judge threw out the unequal pay claim by players on the U.S. women's national soccer team but allowed their allegation of discriminatory travel accommodations and medical support services to go to trial.
Players led by Alex Morgan claim they have not been paid equally under their collective bargaining agreement to what the men's national team receives under its labour deal and asked for more than $66 million US in damages under the Equal Pay Act and Title VII of the Civil Rights Act of 1964.

In a 32-page decision Friday, U.S. District Judge R. Gary Klausner granted in part a motion for summary judgment by the U.S. Soccer Federation. He threw out the Equal Pay Act allegations but left intact the Civil Rights Act claims.
"The history of negotiations between the parties demonstrates that the WNT rejected an offer to be paid under the same pay-to-play structure as the MNT, and the WNT was willing to forgo higher bonuses for 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 terms structure when they themselves rejected such a structure," he said.
Klausner left intact claims the USSF discriminated in its use of charter flights, hotel accommodations, medical support services and training support services.

https://www.cbc.ca/sports/soccer/us-womens-soccer-team-unequal-pay-dismissed-1.5553270

Search function is not working, can't find the original thread. We argued before men were willing to assume more risk (bonuses) so comparing both was not really appropriate.

Ruling will get appealed. Otherwise hope new CBA will allow women to negotiate satisfactory conditions.

Click to read more...

 

[Barclay Donaldson]

Of course it is. They take in a higher percentage of revenue from games than the men's team, it's just that the total revenue to draw from is considerably less. They want to improve that? Then draw more people paying more money. They are one of the best national women's teams in the world and they are draw fewer people paying lower prices than their male compatriots who failed to qualify for the World Cup. If they want a flat rate, then that's fine, but they were given more than enough to be able to financially succeed. If the men were given the conditions they were given, there would have been riots.

 

[gstommylee]

https://www.cbc.ca/sports/soccer/us-womens-soccer-team-unequal-pay-dismissed-1.5553270

Search function is not working, can't find the original thread. We argued before men were willing to assume more risk (bonuses) so comparing both was not really appropriate.

Ruling will get appealed. Otherwise hope new CBA will allow women to negotiate satisfactory conditions.

So they want the 9th court appears to disagree and agree that men are paid more than women while ignoring facts that the women players get higher benefits that the mens don't even get at all?

 

[gstommylee]

Of course it is. They take in a higher percentage of revenue from games than the men's team, it's just that the total revenue to draw from is considerably less. They want to improve that? Then draw more people paying more money. They are one of the best national women's teams in the world and they are draw fewer people paying lower prices than their male compatriots who failed to qualify for the World Cup. If they want a flat rate, then that's fine, but they were given more than enough to be able to financially succeed. If the men were given the conditions they were given, there would have been riots.

They also wanted USSF to pay 65m in money that fifa pays the mens in the world cup.

 

[DoyleG]

- The judge acted on a summary motion to throw out the portion covered by the Equal Pay Act.
- The Civil Rights Act portion can still go ahead. This has more to do with items like flights and hotels.

The judge noted that the USWNT had, by accepting the CBA, made the decision to forgo any further rights to compensation.

 

[gstommylee]

- The judge acted on a summary motion to throw out the portion covered by the Equal Pay Act.
- The Civil Rights Act portion can still go ahead. This has more to do with items like flights and hotels.

The judge noted that the USWNT had, by accepting the CBA, made the decision to forgo any further rights to compensation.

And to think they are going to argue to the 9th court of appears that they are owned money to something that USSF never agreed to (per CBA) nor are they obligated to pay cause they do not run the world cup tournament themselves.

 

[DoyleG]

And to think they are going to argue to the 9th court of appears that they are owned money to something that USSF never agreed to (per CBA) nor are they obligated to pay cause they do not run the world cup tournament themselves.

In relation to the appeal



The same person also tweeted that, because of the CBA, the players can't strike either.

 

[FoxyClean]

My soccer beer league team didn't make as much money as the U.S. Men's National Team either.

This is ridiculous. If you generate only a fraction of the money, you'll only get a fraction of the money in return.

 

[gstommylee]

In relation to the appeal



The same person also tweeted that, because of the CBA, the players can't strike either.

Here's the problem what the USWNT are suing and ultimate wants the courts to do goes against the spirit of collective barging. Aka no more collective barging since it'll all be decided in the court room of what the union gets. The courts are never going to rule in favor of the USWNT cause of that.

 

[Hockey Stick]

My soccer beer league team didn't make as much money as the U.S. Men's National Team either.

This is ridiculous. If you generate only a fraction of the money, you'll only get a fraction of the money in return.

That's the thing that needs to be realized. The same goes for the women's basketball and hockey league. It's not discriminatory or sexist, it's purely based on the amount of viewers there are, which bring in more ad revenue, which result in more pay for the athletes.

 

[LeHab]

So they want the 9th court appears to disagree and agree that men are paid more than women while ignoring facts that the women players get higher benefits that the mens don't even get at all?

I'm surprised USWNT is actually considering pouring more on legal battles. Unless people are only reading click-bait titles (probably many are) seems popular vote isn't exactly going their way as details come out. They must really believe in this and not simple a public shaming opportunity (which is backfiring at the moment) for next negotiations.

Wonder if travel/accommodations were collectively bargaining like they are in NHL. If yes once again, what argument can be used?

There are inherent difference in what men and women may be seeking in a CBA. Since most of male players earn substantially more through guaranteed contracts in regular leagues play they can afford to be more risk-taking when playing on the national team. For top females national team is their best shot at a decent payout and likely makes sense to seek more predictable outcome at the expense of potential higher upside.

Recent outstanding success of USWNT will hopefully allow them to negotiate better terms in 2021. Ultimately let's hope this is based on merit and negotiations in good faith rather than dirty tactics.

 

[TheBeastCoast]

The US team basically used the platform of the world cup to convince soccer mom's and 11 year old girls that they were being discriminated on while knowing they weren't. I am glad this is all blowing up in their faces now.

 

[gstommylee]

I'm surprised USWNT is actually considering pouring more on legal battles. Unless people are only reading click-bait titles (probably many are) seems popular vote isn't exactly going their way as details come out. They must really believe in this and not simple a public shaming opportunity (which is backfiring at the moment) for next negotiations.

Wonder if travel/accommodations were collectively bargaining like they are in NHL. If yes once again, what argument can be used?

There are inherent difference in what men and women may be seeking in a CBA. Since most of male players earn substantially more through guaranteed contracts in regular leagues play they can afford to be more risk-taking when playing on the national team. For top females national team is their best shot at a decent payout and likely makes sense to seek more predictable outcome at the expense of potential higher upside.

Recent outstanding success of USWNT will hopefully allow them to negotiate better terms in 2021. Ultimately let's hope this is based on merit and negotiations in good faith rather than dirty tactics.

What isn't going to help them is the players having a hissy fit on social media after the judge's ruling. This isn't the time for them to be frying foul even more when we have that huge virus problem where its killing people with millions of people in this country that lost their jobs and don't have a paycheck.

 

[boredmale]

I am sorry but the woman's case is stupid. Just because 1 woman's game gets higher ratings in 1 country then a normal World Cup male's game doesn't mean they should get more money. Now if a South Korea vs Sweden woman's final can draw a huge rating maybe they might have a case. Simple fact is I believe the male world cup makes Billions of dollars and has billions of viewers worldwide, where as the woman stuff is more in the low hundred millions

 

[GrizzGreen]

I am sorry but the woman's case is stupid. Just because 1 woman's game gets higher ratings in 1 country then a normal World Cup male's game doesn't mean they should get more money. Now if a South Korea vs Sweden woman's final can draw a huge rating maybe they might have a case. Simple fact is I believe the male world cup makes Billions of dollars and has billions of viewers worldwide, where as the woman stuff is more in the low hundred millions

Seriously. Basic economics at its core, amazing that so many people are unable to grasp that.

 

[boredmale]

Seriously. Basic economics at its core, amazing that so many people are unable to grasp that.

yeah they always point to that 1 game that scores the big rating but ignore the fact that a Male round robin game like Chile vs Nigeria scores a decent size ratings when you look wordwide views.

The only real argument they could make is go to FIFA and say they deserve a bigger piece of the pie of the female tournament cash since they are responsible for a larger chunk of that then other countries

 

[Morbo]

Given their decision regarding the structure of their own CBA, what was the basis of the claim in the first place? The judge's statement seems pretty cut and dried.

 

[gstommylee]

Given their decision regarding the structure of their own CBA, what was the basis of the claim in the first place? The judge's statement seems pretty cut and dried.

There was no basis, they weren't happy with the agreement they agreed to and screw themselves out of a better deal when they said no to USSF offer that would had paid them more. The lawsuit was them pointing the fingers for their own screw up on someone else.

 

[LadyStanley]

And now presidential candidate is putting his support behind action.

Politics. Bah.

 

[gstommylee]

And now presidential candidate is putting his support behind action.

Politics. Bah.

Just shows how he really doesn't pay attention to the issue and trying to pander for votes. Someone needs to remind him that US/Canada/Mexico world cup doesn't happen until 2026. 2 years after the 2024 president elections.

This isn't the time to be trying to pander for votes especially on issue regarding player salaries when there are millions of people out of work and not making a pay check.

 

[DoyleG]

Soccer America: The labor path ahead for WNT: the future can still be bright.

Registration Required.

Article notes that the USWNT pretty much overplayed their hand and that the social media support they've brought up doesn't matter in a legal context.

In addition, he notes that the players lead lawyer has been in a long running legal battle with the USSF over sanctioning on the men's side of the game. Seems more that he would be using the women as a means to a more personal end for him.

 

[RVACapsFan]

Contracts are meant to be honored. These chicks should’ve read what they signed.

 

[LadyStanley]

USWNT players file appeal in equal pay ruling

The motions pit the equal pay case as more important than the remainder of the Title VII claims.


Appealed

 

[gstommylee]

USWNT players file appeal in equal pay ruling

The motions pit the equal pay case as more important than the remainder of the Title VII claims.


Appealed

So they want the 9th court of appeals to throw out their legally binding agreement then have the courts FORCE USSF them their 65m claim that they are not entitled too. Good god.