The US Women’s National Team won their
fourth World Cup championship. If you’re
keeping score, that’s four more than the US men’s team. Meanwhile on the same day, their male
counterparts lost the Gold Cup to Mexico, 1-0.
I’m a results-oriented kind of guy.
My first reaction when I heard the USWNT team players were suing the US
Soccer Federation [USSF] to demand equal pay for equal work, I was a bit put
off because I think they are selling themselves short. Since the women are getting results and
bringing home hardware [the men couldn’t even qualify for last year’s World
Cup], they should be getting paid MORE than the men. Results, gentlemen – not excuses. The women are getting results – you men are
not. Former US goalie Hope Solo filed a
similar lawsuit in August 2018 in the United States District Court Northern District
of California
What the USWNT claim:
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The USSF, in fact, has admitted
that it pays its female player employees less than its male player employees and
has gone so far as to claim that “market realities are such that the
women do not deserve to be paid equally to the men.”
-
During his 2017 campaign for
president of the USSF, current President Carlos Cordeiro, who had been a member
of the USSF’s Board of Directors since 2007 and Vice President of the USSF from
2016 to February 2018, admitted, “Our women’s teams should be respected and
valued as much as our men’s teams, but our female players have not been treated
equally.”
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USWNT and USMNT both play on the
same size field; use the same size ball; have the same duration of matches and
play by the same rules regarding start and restart of play, offside, fouls and
misconduct, free kicks, penalty kicks, throw-ins, goals kicks, corner kicks,
etc.
-
In light of the WNT’s on-field
success, Plaintiffs often spend more time practicing for and playing in
matches, more time in training camps, more time traveling and more time
participating in media sessions, among other duties and responsibilities, than
similarly situated MNT players.
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From 2015 through 2018, the WNT
played nineteen more games than the MNT
[emphasis mine] played over that same period of time. As the MNT averaged approximately
seventeen games per year in that time frame, the WNT played the equivalent of
more than one additional MNT calendar year season from 2015 through 2018.
Success brings more work. Although the women do more work, they’re paid
less. The length of the games they play
are equal. This isn’t like tennis where
the women play at maximum three sets in a match while the max for the men is
five. Men and women play ninety minutes
plus stoppage time. They play two extra
fifteen-minute periods in elimination games if necessary. The equipment used and the rules of the game
are equal.
Solo’s claims
[as written in the complaint]:
This is the not-so-equal work part -
-
According to the Federation’s 2016
annual report, it initially projected a combined net loss for the national
teams of $429,929 for FY 2016 (April 1, 2015 – March 31, 2016). But thanks
almost exclusively to the success of the WNT, the Federation projected a $17.7
million profit in connection with the success of the WNT teams. Additionally,
for FY 2017, the Federation projected a net profit from the WNT of
approximately $5,000,000, while projecting a net loss of nearly $1,000,000 for
the MNT;
-
Pre-match, match and post-match
duties, as well as the skill, effort, responsibilities and working conditions
of WNT players are substantially the same and/or greater than those of MNT
players. The Federation, for example, expects both sets of players to:
·
maintain their conditioning and
overall health such as by undergoing rigorous training routines (endurance
running, weight training, etc.) and adhering to certain nutrition, physical
therapy and other regimens;
·
maintain their skills by, for
example, attending training camps and frequent practices, participating in
skills drills, and playing scrimmages and other practice events;
·
travel nationally and
internationally as necessary for competitive games, which are the same in
length, physical and mental demand, and similar playing environment and
conditions; and
·
promote a positive image for
soccer through media and other appearances.
-
The success of the WNT, however,
has meant and continues to mean that the WNT spends more time in training camp,
play far more games, travel more, and participate in more media sessions, among
other things, than MNT players.
In other words, the USWNT are earning more
than their share while being paid less for their labors. The USSF claims there are different “market
realities” for both the men’s and women’s game.
What is the validity of the “market-force defense”, and what role does
USSF play in that supposed disparity? The
USWNT alleges the USSF helped create its own market disparity. They claim USSF does a lousy job promoting
USWNT matches, and there is a disparity between ticket prices between USWNT and
USMNT matches, which are set by USSF. I
don’t know about you, but given an opportunity to see the USWNT or the USMNT,
would you rather see a team that wins almost all their games [USWNT], or an
inconsistent team who until recently couldn’t beat Trinidad and Tobago [USMNT]? I’d rather go see a winner, thank you very
much.
What other “market realities” are
there? Prior to 2016 - a year that saw
the USWNT generate US$1.9 million more than their male counterparts - the men’s
team had brought in more revenue every year.
That has changed. Not only does
success generate more work, it also generates more revenue. Financial reports seen by the Wall Street
Journal show that a surge in ticket sales for the women’s games helped earn the
United States Soccer Federation (US Soccer) US$50.8 million from 2016 to 2018.
The men’s team, meanwhile, apparently only generated US$49.9 million over the
same period.
Ticket sales make up just part of US
Soccer’s operating revenue, with the financial records showing that the
governing body earned nearly US$49 million from marketing and sponsorship in
2018. The WSJ also pointed out that US
Soccer sells its broadcast and sponsorship rights as a bundle, rather than
separately for the men’s and women’s teams, making it difficult to determine the
value generated by each national side. Despite
that, recent commercial deals signed by US Soccer with payments firm Visa and
car manufacturer Volkswagen have a significant focus on the women’s side of the
game.
This only addresses the pay side. What about working conditions? Not only are the USWNT suing for equal pay,
they are suing for qual working conditions.
Again, from the USWNT complaint:
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USSF has complete control over the
surfaces, i.e., grass, grass overlay or artificial surfaces such as turf, on
which the national teams play their home matches. Playing on inferior surfaces,
including artificial turf, can lead to significant, career-threatening
injuries. Such surfaces also affect fundamentals of the games, including the
way the ball bounces and how the ball can be struck.
-
For example, from January 1, 2014
through December 31, 2017, the WNT played 62 domestic matches, 13 (21%) of
which were played on artificial surfaces. During that same period of time, the
MNT played 49 domestic matches, only 1 (2%) of which was played on an
artificial surface. During this same
time period, the USSF arranged for natural grass to be installed temporarily
over artificial surfaces for 8 MNT domestic matches, including 3 venues where
the USSF did not temporarily install natural grass when the WNT played in those
same venues. The USSF provided a temporary natural grass overlay for the WNT
only once during this same time period.
Have any of you ever played on turf? I have – it’s like playing on concrete. It hurts like a sonofabitch when you fall on
it. There is a lot of “falling” in
soccer. The men “fall” a lot to the
extent that some players should get Screen Actors Guild cards in their attempts
to get referees to call fouls on their opponents. When the women go down, it’s for real [most of
the time]. Grass surfaces are more impact-absorbent.
What is USSF’s response? Here is an excerpt from a statement released
by U.S. Soccer president Carlos Cordeiro:
“Specifically, in April of 2017, we
agreed to a fair and equitable collective bargaining agreement with the Women’s
National Team, which included a contract structure that the players
specifically requested to provide them with a guaranteed salary and benefits.
At no point since that time have players raised concerns about the CBA itself,
and we continue to work with them in good faith. U.S. Soccer has partnered with
the USWNT in a sincere effort to listen, provide the very best resources
possible to the team and its staff, and advance the women’s game on the field
and in the marketplace.”
It looks like the USWNT players have some
pretty good lawyers, because they anticipated this kind of response in their initial
complaint:
“The WNTPA entered into a new collective
bargaining agreement with the USSF effective January 1, 2017 (“2017
CBA”). During collective bargaining for a new contract, USSF rejected requests
for compensation for the WNT players that would have been at least equal to that
afforded to the male MNT players. The
WNTPA even proposed a revenue-sharing model that would test the USSF’s “market realities” theory. Under
this model, player compensation would increase in years in which the USSF
derived more revenue from WNT activities and player compensation would be less if
revenue from those activities decreased. This showed the players’ willingness to share
in the risk and reward of the economic success of the WNT. The USSF
categorically rejected this model as well. The USSF continues its policy and
practice of paying female WNT players less than similarly situated male MNT
players on a per game basis.”
Why did the USWNT sign the current
collective bargaining agreement [that lasts until 2021] if they don’t like
it? Megan Rapinoe said the following
after the CBA was ratified:
“I am incredibly proud of this team and
the commitment we have shown through this entire process. While I think there
is still much progress to be made for us and for women more broadly, I think
the WNTPA should be very proud of this deal and feel empowered moving forward.”
The real reason they agreed to the CBA? No work stoppage. It’s hard to defend your World Cup
championship when you’re on strike.
Suffice to say, I hope the four-time
champion USWNT win their court battle against USSF.
