In May 2020, a federal judge dismissed the women’s claim that they were paid less for the same work—along with other key parts of the suit, pointing to differences in the structure of the men’s and women’s contracts (which they had agreed to in collective bargaining). Other aspects of the suit related to working conditions were settled out of court in December.
Several of the players filed an appeal on the equal pay claims in July 2021, saying the judge had not looked at rates of pay and the fact that women had to win more often than men in order to receive bonuses.
It’s not quite final yet
The settlement is contingent on the ratification of a new collective bargaining agreement by the USWNT Players Association. The players and the federation are operating under a “memorandum of understanding” that runs through the end of March, The Athletic reports. The district court will be able to schedule final approval of the settlement once the agreement has been ratified.
“After the parties finalize the settlement agreement, they plan to advise the district court of the settlement, and then seek a limited remand from this Court under Federal Rule of the Appellate Procedure 12.1 so that the district court can consider the settlement,” the parties said in a joint motion filed in the U.S. Court of Appeals for the Ninth Circuit on Tuesday.
ESPN reports that settlement talks accelerated in recent weeks, ahead of a scheduled March 7 hearing (which the parties have asked the court to postpone while they finalize the settlement agreement).
The players foresee a lasting impact
The agreement falls short of the more than $66 million that the players had sought in back pay but still amounts to a significant victory for the team.