The US are the most successful side in the history of women’s football, having won the World Cup three times and Olympic gold four
in bald eagle baseball caps watched as the United States women’s football team beat Spain to progress to the quarter-finals of the World Cup on June 24th. This was no shock upset. The Stars and Stripes are the most successful side in the history of women’s football, having won the World Cup three times and Olympic gold four. This year they romped through the group stages with an aggregate score of 18-0, a total inflated by their record-breaking 13-0 drubbing of lowly Thailand.
This on-pitch success, however, is marred by controversy in court. The members of the United States women’s team marked International Women’s Day on March 8th by filing a class-action suit against their employer, the United States Soccer Federation . The suit alleged that differences in pay and employment conditions between the women’s and men’s team violate the Equal Pay Act and Title VII of the Civil Rights Act.
Such pay differences are permissible if the employer can prove that one of four “affirmative defences” apply: a seniority system, a merit system, a pay system based on quantity or quality of output or any other factor apart from sex. The burden of proof is on theto prove that the disparity can be legitimately explained by one of these four.
Having qualified for the knockout stages of the World Cup, the 28 female players agreed to pursue mediation once the tournament ends. This is unlikely to resolve the matter. Legal disputes over equal pay have been going on since five players filed a complaint with the Equal Employment Opportunity Commission in March 2016. This has effectively been subsumed by the class-action suit. A previous effort at mediation fell apart in March.
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