The USWNT Got Exactly What They Bargained For.

On May 1, 2020, Federal Judge R.Gary Klausner dismissed portions of the lawsuit commenced by the U.S. Women’s National Soccer Team (USWNT) against the U.S. Soccer Federation. Judge Klausner dismissed claims brought under the Equal Pay Act and rejected the USWNT’s argument that they receive lower pay than the U.S. Men’s National Soccer Team (USMNT).

Under the current women’s team’s Collective Bargaining Agreement (CBA) which went into effect in 2017, the players association opted for more of a fixed income structure with a
guaranteed base annual salary and benefits that the men’s team does not have.
Such benefits include medical and dental insurance, paid child-care assistance,
paid pregnancy and parental leave, severance benefits, salary continuation during
periods of injury, access to a retirement plan, and multiple bonuses. These
bonuses that the women benefit from certainly contain substantial economic
value.

In comparison, the structure of the men’s teams’s CBA provides for a more pay-to-play and incentive-based compensation structure.

U.S. Soccer Federation said in a
statement:

“Women’s national team players are paid differently because they specifically asked for and negotiated a completely different contract than the men’s national team, despite being
offered, and rejecting, a similar pay-to-play agreement during the past negotiations.”

However, the USWNT will still get their day in court on the players’ claims concerning alleged discrimination in air travel, hotel accommodations and medical and training support (“working conditions”).

Trial is tentatively scheduled to start in June 2020. Unfortunately, in light of COVID-19 there may be further court delays. It is entirely possible that the issues raised in the lawsuit
will be resolved outside of court with the players’ association renegotiating
the new CBA which is to take effect in 2021. Having four World Cup wins under
the USWNT’s belt, I am very curious to see the terms of the new CBA.

Bottom line: You get what you
bargained for.