Last week, the United States Soccer Federation announced that the United States Women’s National Team Players Association and the United States National Soccer Team Players Association have agreed to terms of historic collective bargaining agreements (CBAs) that achieve equal pay between the United States Women’s National Team (USWNT) and United States Men’s National Team (USMNT).
The announcement immediately prompted dozens of media outlets to cheer the long-fought-for agreement, which was a result of the settlement of nearly eight years of vigorous litigation. And we, too, cheer the success of the USWNT and their counsel in finally reaching equal footing with their male counterparts. The agreement itself and the years-long litigation process serve as an important reminder of the power and functionality of the Equal Pay Act of 1963, as well as its shortcomings. The very public nature of the USWNT equal pay litigation process makes it an excellent vehicle to explain the history of and potential claims under the Equal Pay Act to potential litigants.
The Equal Pay Act of 1963 (“EPA”) amended the Fair Labor Standards Act of 1938 to abolish wage disparity based on sex. It provides that an employer may not pay lower wages to employees of one sex than it pays to employees of another sex when those employees are within the same establishment performing equal work at jobs that require equal skill, effort, and...
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