U.S. female soccer players
For years, U.S. female soccer players have been legally challenging pay disparity within the sport. In 2016, 60 minutes aired the following interview with some of the players. Please watch it at: https://www.cbsnews.com/news/60-minutes-women-soccer-team-usa-gender-discrimination-equal-pay-2019-07-10/
Background to 2016 interview: “On March 8, 2019 International Women’s Day, all 28 members of the United States Women’s National Team filed a gender discrimination lawsuit against the U.S. Soccer Federation. The federal suit accuses American soccer’s governing body of “institutionalized gender discrimination” and seeks back pay and damages. In 2019, the players and the United States Soccer Federation tentatively agreed to enter mediation after the 2019 Women’s World Cup. On July 7, the USWNT won a record fourth World Cup. In 2016, members of the team spoke with Norah O’Donnell for 60 Minutes.”
NOTE: If you have difficulty viewing the video the transcript of the interview appears below the video. Thus, you can simply read the transcript if the video does not play.
In 2020, the soccer players lost at trial, as the judge ruled the women failed to prove pay disparity. You can read about the trial court’s decision here: https://www.npr.org/2020/05/02/849492863/federal-judge-dismisses-u-s-womens-soccer-team-s-equal-pay-claim
The case is now on appeal. You can read about the appeal here: https://www.forbes.com/sites/ericbachman/2021/08/04/the-eeoc-backs-us-womens-soccer-team-in-pay-discrimination-case/?sh=65791437421a
For Essay 2, please answer the following questions:
1. What were the players’ key claims under Title VII and Equal Pay Act? Specifically cite to provisions of the statutes by citing to both the textbook and the lecture.
2. Analyze whether you believe the women can satisfy a prima facie case under either statute, based solely on the information provided here (as outside resources are not allowed).
3. Are there risks to an employer, other than the threat of litigation, for engaging in pay disparity based on gender?
Sample Solution
After emerging winners in their fourth Women’s World Cup title last summer, it seemed as if the U.S. women’s national soccer team (WNT) was unstoppable on the field. So it’s almost to be expected that potentially their worst defeat would have to occur off the field.On May 1, 2020, U.S. District Judge R. Gary Klausner for the Central District of California ruled against members of the WNT in their class action lawsuit where they claim unequal pay and gender-based discrimination by the United States Soccer Federation, Inc. (USSF). The USSF is the employer of both female and male professional soccer players who play on their respective national soccer teams.
