Saturday, May 2, 2020

U.S. Women Suffer "Crushing Blow" in Court

A federal judge in  California dismissed the U.S. Women's National Team's claims against U.S. Soccer of being paid less than the men's team.  It was described by Andrew Das in the New York Times as a crushing blow.  The court left standing claims of unequal treatment in areas such as travel, hotel accommodations and team staffing.  Trial is scheduled for June 16.

The judge granted U.S. Soccer's motion for summary judgment, meaning that based on undisputed facts of record the women could not win and defendant U.S. Soccer was entitled to a dismissal as a matter of law.

As Kelsey Trainor (who like Coach P is a lawyer) states in her article on The Equalizer, Judge Gary Klausner wrote in a 32-page opinion "that the U.S. women rejected an offer to operate under a CBA with a pay structure similar to the men’s national team and therefore, they cannot now claim unequal pay. The judge also found that, based on evidence and expert testimony submitted by the parties, the U.S. women actually earned more than the men over the same time span. He noted that while the U.S. women earned on average $221,000 per game during the class period (2015 – 2019) the U.S. men earned $213,000 per game. This, of course, does not take into account the fact that had the men’s team been successful like the women (who won two World Cups during that time), the men would have earned a far higher rate of pay. "

The women have said they would appeal, but as Trainor points out, because the appeal would be interlocutory, that is a appeal of less than a final judgment on all issues, and those are very difficult to file.  Unless the appellate court grants permission, the women would have to go through a trial on the remaining issue and then appeal the dismissal of the equal pay claim.

It is still possible the sides will reach a settlement before the trial date.

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