On May 1, Judge R. Gary Klausner rejected the US Women’s National Team’s (USWNT) fight for equal pay, claiming the women presented insufficient evidence.
The USWNT began their legal fight for equal pay in March 2019, when they filed a lawsuit against the US Soccer Federation (USSF) for gender discrimination. With 28 players listed as plaintiffs, the original lawsuit fought against unequal pay, working conditions and travel conditions.
However, in recent proceedings, Klausner declared the women “did not prove the wage discrimination under the Equal Pay Act because the women’s team played more games and made more money than the men’s team[…] This evidence is insufficient to create a genuine issue of material fact for trial.”
Klausner’s ruling relies on a claim made by the USSF stating that the members of the USWNT, in 2018, made more money than their male counterparts. This occurred because the women qualified for the world cup and played more games than the men, consequently earning more pay. The numbers upon which Kalusner based his ruling would be different if the men had played the same number of games as the women.
A USMNT victory against a FIFA top 25 team means a $9,375 bonus for each player, while a loss in this situation results in a payment of $5,000. On the contrary, the bonus for a member of the USWNT upon defeating a team ranked outside of the FIFA top 8 is $5,250. A loss in this situation results in nothing. Additionally, a man who makes the USMNTWorld Cup team earns $68,750, while a player for the USWNT who makes the squad earns $37,500.
Based on these circumstances, the USWNT announced they will appeal Judge Klausner’s decision.
“We will not give up our hard work for equal pay,” said team spokeswoman Molly Levinson in their most recent statement. “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.”
In addition to the appeal, the USWNT will continue to take other discrimination claims to court. Klausner only dismissed the players’ unequal pay claim, allowing the other claims regarding working and travel conditions to continue in trial.
Many members of the USWNT publicly announced they will keep fighting despite Klausner’s decision. “We will never stop fighting for EQUALITY,” tweeted team star and activist Megan Rapinoe. Alex Morgan joined Rapinoe, saying, “Although disappointing to hear this news, this will not discourage us in our fight for equality.” Teammate Tobin Heath tweeted, “This team never gives up, and we’re not going to start now.”
The case has also gained the support of many celebrities, including former Vice President Joe Biden.
“This is not over yet. To @USSoccer: equal pay now. Or else when I’m president, you can go elsewhere for World Cup funding,” declared the presumptive Democratic presidential nominee in a recent tweet. Biden, who had a good relationship with the USWNT in the past, encouraged the players not to give up.
The women have made it obvious they will not back down until equality is established. With the equal pay movement gathering more and more support as the trials continue, it becomes harder for the USSF to ignore.
