Players for the U.S. women’s national team may have been dealt a blow by a judge’s ruling in their gender discrimination lawsuit against the U.S. Soccer Federation but the case is far from over.
The women have vowed to keep up the fight, encouraged by the likes of Joe Biden, Billie Jean King and even the men’s national team.
“This is just a setback,” King said when asked what she would tell the team. “There’s so many of these ups and downs. Just keep learning from it, keep going for it. You’re still such a great influence, not only in soccer, but for equality for everyone.”
King, who was calling for equitable prize money in tennis in the 1970s, once famously proclaimed: “Everyone thinks women should be thrilled when we get crumbs, and I want women to have the cake, the icing and the cherry on top, too.”
The players sued the federation last year, claiming they have not been paid equally under their collective bargaining agreement to what the men’s national team receives under its labor deal. They asked for more than $66 million in damages under the Equal Pay Act and Title VII of the Civil Rights Act of 1964.
The federal judge threw out the players’ claim of discriminatory pay Friday in a surprising loss for the defending World Cup champions. U.S. District Judge R. Gary Klausner said the women rejected a pay-to-play structure like the men’s agreement and accepted greater base salaries and benefits.
But he allowed aspects of their allegations of discriminatory working conditions to go forward.
The trial remains scheduled for June 16 in federal court in Los Angeles.
Players have vowed to appeal the judge’s decision.
There are several legal options. Players could seek to overturn Friday’s decision at the 9th U.S. Circuit Court of Appeals, and could even discuss with the USSF the possibility of a joint application for a stay pending appeal. They could proceed with a trial limited to working conditions such as flights, hotels and medical staff, then appeal Friday’s ruling.
Or the sides could seek to settle, perhaps as part of a deal to replace and extend the current collective bargaining agreement, which expires on Dec. 31, 2021.
Biden, the presumptive Democratic presidential nominee, went to Twitter this weekend to encourage the players.
“To @USWNT: don’t give up this fight. This is not over yet. To @ussoccer: equal pay, now. Or else when I’m president, you can go elsewhere for World Cup funding,” he posted, referring to the 2026 men’s World Cup, set to be hosted by the United States, Mexico and Canada.
The players’ association for the men’s national team also released a statement Monday expressing support.
“For a year and a half the USMNT players have made proposals to the federation that would achieve equal pay for the USMNT and USWNT players,” the statement said. “We understand the WNT players plan to appeal last week’s decision and we support them.”
