Women's equal pay bid dealt big blow

US footballers' suit against federation fails, they can proceed with unfair treatment case

Megan Rapinoe lifting the Women's World Cup after the US beat the Netherlands 2-0 in Lyon, France on July 7, 2019. She said after the verdict that they will never stop fighting for equality. PHOTO: AP

LOS ANGELES • A federal judge has dismissed the United States women's football team's bid for equal pay on Friday, rejecting claims the players had been underpaid in a crushing defeat for the reigning world champions.

In a 32-page ruling, Judge Gary Klausner of the US District Court for Central California in Los Angeles tossed the women's claim of pay discrimination, ruling in favour of the United States Soccer Federation (USSF).

He did, however, allow the women's case for unfair treatment in areas such as travel, housing and medical support to proceed to trial, set for June 16 in Los Angeles.

But the equal pay claims - the central plank of the case - had been dismissed because there was evidence the women had turned down an offer to be paid along the lines of the US men's team.

"The history of negotiations between the parties demonstrates that 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)," the court said.

"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.

"Accordingly, plaintiffs cannot now retroactively deem their CBA (collective bargaining agreement) 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.

"Also, the WNT has been paid more on both a cumulative and an average per-game basis than the MNT over the class period."

The USSF argued that between the years 2015 and 2019, the women actually were paid more money than the men, as stated by the court.

During that period, the WNT received US$24 million (S$34 million) and an average of US$220,747 per game, while the men's team received total payments of US$18 million and US$212,639 per game.

The WNT had based their claim for back pay in the disparities between prize money distributed by Fifa at the men's and women's World Cups.

Germany's men won US$35 million for their victory in the 2014 World Cup in Brazil, while France earned US$38 million after triumphing in Russia in 2018.

The United States women, victors in the 2015 and 2019 World Cups, earned total prize money of US$6 million over the two tournaments.

The WNT had been seeking back pay of US$66 million under the Equal Pay Act but were left stunned by Friday's ruling.

Prominent US women's team star Megan Rapinoe said, after learning of the court's decision, that the battle is not over.

"We will never stop fighting for EQUALITY," she wrote on Twitter.

A spokesman for the players also reacted with dismay.

"We are shocked and disappointed with today's decision, but we will not give up our hard work for equal pay," Molly Levinson said, adding that they would appeal against the decision.

The lawsuit had taken a dramatic turn in March, when a filing by lawyers for the USSF argued that the MNT required a "higher level of skill based on speed and strength" than the women.

The filing triggered outrage among the women's players while influential sponsors such as Coca-Cola voiced disgust at the remarks.

USSF president Carlos Cordeiro later resigned following the uproar, with Rapinoe accusing the USSF of "blatant sexism" in its legal filings.

AGENCE FRANCE-PRESSE, NYTIMES, REUTERS

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A version of this article appeared in the print edition of The Sunday Times on May 03, 2020, with the headline Women's equal pay bid dealt big blow. Subscribe