Question: The United States Soccer Federation ( USSF ) employs both the U . S . Senior Women s National Soccer Team ( WNT ) and

The United States Soccer Federation (USSF) employs both the U.S. Senior Womens National Soccer Team (WNT) and the U.S. Senior Mens National Soccer Team (MNT). Unlike the mens team, the womens team is a world champion, winning the 2015 International Federation of Association Football (FIFA) Womens World Cup. The men and women players perform comparable jobs. However, the women are paid substantially less. For example, from 2013-2016, the women earned as little as 38 percent of the compensation59. the men received. In 2014,the mens team received bonuses totaling $5,375,000 for losing60. in round 16. By comparison, the womens team received $1,725,000 for winning the tournament. Every woman player earns less than her male counterpart. The women tried to address these issues during their collective bargaining negotiations. They even proposed a salary model based on the income the womens team produces. In 2019, the 28 members of the U.S. womens soccer team filed a lawsuit against the USSF for persistent pay discrimination. On May 1,2020, Judge R. Gary Klausner, United States District Court for the Central District of California, granted a summary judgment to the USSF on the issue of pay.61. He said that the mens and womens contracts have different structures. The womens contract guarantees players will be paid regardless of whether they actually play. Men are paid if they are called into camp or are placed on the roster to participate in a particular match. Men do not receive an annual salary. On July 30,2021, the Equal Employment Opportunity Commission62. filed an amicus curiae brief with the U.S. Court of Appeals for the Ninth Circuit in support of the WNT players. The EEOC disputed the district courts findings that the plaintiffs/appellants failed to establish a prima facie case under the EPA. The EEOC stated that the district court failed by making a legal error on summary judgement, by choosing to credit the defendants expert and reject the plaintiffswith barely any analysis, and without even ruling on the parties pending motions challenging various aspects of the expert reports. The EEOC also stated that the court was required to view the evidence and draw all reasonable inferences in the light most favorable to the nonmoving party (here, the plaintiffs). For those two reasons, the EEOC concluded that the judgment of the district court should be vacated, and the case remanded for further proceedings. On May 23,2022, it was reported that a $24 million dollar pay discrimination settlement had been reached between the US Soccer Women and the Sports governing body. A new collective bargaining pact would establish equal pay for both genders of the US Soccer Federation Inc. In a joint motion, the players and federation asked the US District Court for the Central District of California to indicate to the US Court of Appeals for the Ninth Circuit that it will preliminarily approve the settlement, or at least consider doing so.63. Why was the EEOCs involvement in this case so important to the final settlement? Why are laws like the Equal Pay Act so important in protecting both genders? How could this case have been avoided all together? [See Morgan v. United States Soccer Federation, Inc., 445 F. Supp. 3d 635(C.D. Cal. 2020).]

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