Nelson Mail

US women to appeal in equal pay case

- Anne M. Peterson

United States women’s national football team players have vowed to appeal following a ruling by a federal judge in Los Angeles that curtailed their equal pay case against the US Soccer Federation

Players for the US women’s national team may have been dealt a blow by a judge’s ruling in their gender discrimina­tion lawsuit against the US 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 labour deal. They asked for more than US$66 million (NZ$108 million) in damages under the Equal Pay Act and Title VII of the Civil Rights Act of 1964.

The federal judge threw out on Saturday the players’ claim of discrimina­tory pay in a surprising loss for the defending World Cup champions. US District Judge R Gary Klausner said the women rejected a pay-toplay 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 Saturday’s decision at the 9th US 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 Saturday 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 December 31, 2021.

Biden, the presumptiv­e Democratic presidenti­al nominee, went to Twitter this weekend to encourage the players.

‘‘To (at)USWNT: don’t give up this fight. This is not over yet. To (at)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 yesterday 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.’’

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