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UPDATE 3: On Dec. 1, 2020, the U.S. Women’s Soccer Team settled its class action lawsuit over working conditions with the U.S. Soccer Federation, but the team’s fight for equal pay continues.
UPDATE 2: On Feb. 20, 2020, a group of women soccer players who say they are paid much less than men by the U.S. Soccer Federation claim that they are owed nearly $67 million in damages.
UPDATE: On Nov. 8, 2019, U.S. Women’s Soccer players have received Class certification in a lawsuit claiming that the World Cup champions are subjected to discriminatory practices by the U.S. Soccer Federation, because they are paid less than their male counterparts.
The U.S. Women’s Soccer Team recently moved for Class certification in a lawsuit arguing that the federation’s pay rules are a “textbook example” of discrimination.
The players seek to represent a Class of all current and former players who were members of the U.S. Women’s National Soccer Team since Feb. 4, 2015 and the date of class certification.
They also seek to represent another Class of players who were members of the team between the date of Class certification and the final judgement date or resolution.
Players Alex Morgan, Megan Rapinoe, Carli Lloyd and Becky Sauerbrunn, who recently won the Women’s World Cup, aim to be Class representatives.
“Certifying the class is the next important step to the trial in May,” the players’ counsel told Law360 in an email. “It allows the players to legally represent not just themselves, but the players in the class period who came before and after them.”
According to the players, the U.S. Soccer Federation has routinely paid women players far less than male players, marking institutional gender discrimination.
In 2014, the federation reportedly paid the men nearly $5.4 million in performance bonuses while the women received only $1.7 million. The women’s team players argue that this payment makes no sense, especially considering that the U.S. Women’s Team routinely plays better than their male counterparts.
The U.S. Soccer Federation requested a stay in the U.S. Women’s class action, arguing that the players had requested that the lawsuit be transferred to a different court. While the Judicial Panel on Multidistrict Litigation was reviewing the decision, the federation argued that the litigation should be halted.
In May 2019, this request was denied after a federal judge determined that the federation hadn’t presented a compelling argument for the stay.
“While the JPML’s decision may impact the current case, a decision is unlikely until later this year. Therefore, in the interest of justice and judicial economy, the court finds that a stay at this juncture is not warranted,” U.S. District Judge R. Gary Klausner determined.
The federation also requested that the class action be transferred from the Central District of California to the Northern District of California. They argued that the class action should be in the same jurisdiction as a lawsuit filed by player Hope Solo.
However, Judge Klausner opposed this motion based on previous arguments from the federation. When the team pay class action was potentially going to be moved to the Northern District, the U.S. Soccer Federation opposed this. They said that the class action had “no logical ties to the parties” in the Hope Solo case.
Judge Klausner tossed this argument back to the federation, adding that “the court sees no justification for inconveniencing both parties by transferring the matter to an undesirable venue.”
Do you think the U.S. Women’s Team deserves equal pay? Sound off in the comment section below!
The players are represented by Jeffrey L. Kessler, David G. Feher, Cardelle B. Spangler, Diana Hughes Leiden and Jeanifer E. Parsigian of Winston & Strawn LLP.
The U.S. Women’s Soccer Equal Pay Class Action Lawsuit is Morgan, et al. v. U.S. Soccer Federation Inc., Case No. 2:19-cv-01717, in the U.S. District Court for the Central District of California.
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