A federal judge dismissed the inequitable payment lawsuit filed by the players against the US football federation, but testified that his complaint of discrimination in lodging during travel and medical services was in a trial.
The players, led by Alex Morgan, point out that they have not received equitable pay under the terms of their collective agreement, in relation to what the men become. They therefore demanded compensation of more than $66 million under the Civil Rights Act 1964, which in Title VII sets out the terms of equitable pay.
On Friday, in a 32-page ruling, Federal District Judge R. Gary Klausner 20 accepted the federation’s motion for summary trial. He dismissed the lawsuit related to the fair pay act, but left the civil rights complaint intact.
“The history of the negotiations among the parties shows that the women’s team turned down an offer to receive remuneration under the same pay-per-game structure as the men’s selection,” Klausner wrote. “And the women’s team was willing to give up higher bonuses in favor of benefits such as greater base compensation and the guarantee of a greater number of players under contract.
“Therefore, the applicants cannot now retroactively consider that their collective agreement is worse than that of the selection of men by referring what they would have accrued if they had been paid with the pay-per-game structure, when they themselves rejected that structure.”
Klausner kept the complaint standing, according to which the federation discriminated against players in the use of chartered flights, hotel accommodation, medical support services and training assistance.
A trial is scheduled for June 16 at a federal court in Los Angeles.
“We are shocked and disappointed with today’s decision, but we will not shut up in our hard work for fair pay,” said Molly Levinson, spokesman for the footballers, in a statement. “We are confident in our case and will stand firm in our commitment to ensuring that girls and women who play this sport are not underestimated just for their gender.”
The players intend to ask the federal appeals court on the ninth federal circuit to oversevere Klausner’s decision, a step that would delay the trial.
“We have learned that there are tremendous obstacles to change. We know it takes courage, courage and perseverance to face them,” Levinson said.