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Claim of unequal pay by U.S. women's soccer team dismissed by judge – CBC.ca

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A federal judge threw out the unequal pay claim by players on the U.S. women’s national soccer team in a surprising loss for the defending World Cup champions but allowed their allegation of discriminatory working conditions to go to trial.

Players led by Alex Morgan sued in March 2019, claiming they have not been paid equally under their collective bargaining agreement to what the men’s national team receives under its labour deal. They asked for more than $66 million US in damages under the Equal Pay Act and Title VII of the Civil Rights Act of 1964.

In a 32-page decision Friday, U.S. District Judge R. Gary Klausner granted in part a motion for partial summary judgment by the U.S. Soccer Federation. He threw out the Equal Pay Act allegations but left intact the Civil Rights Act claims.

“The history of negotiations between the parties demonstrates that the WNT rejected an offer to be paid under the same pay-to-play structure as the MNT, and the WNT was willing to forgo higher bonuses for benefits, such as greater base compensation and the guarantee of a higher number of contracted players,” Klausner wrote.

“Accordingly, plaintiffs cannot now retroactively deem their CBA worse than the MNT CBA by reference to what they would have made had they been paid under the MNT’s pay-to-play terms structure when they themselves rejected such a structure,” he said.

Klausner left intact claims the USSF discriminated in the money it spent on commercial airfare, hotel accommodations, and medical and training support services.

A trial is scheduled for June 16 in federal court in Los Angeles.

“We are shocked and disappointed with today’s decision, but we will not give up our hard work for equal pay,” Molly Levinson, spokeswoman for the women’s players, said in a statement. “We are confident in our case and steadfast in our commitment to ensuring that girls and women who play this sport will not be valued as lesser just because of their gender.”

Players intend to appeal

Players intend to ask the 9th U.S. Circuit Court of Appeals to overturn Klausner’s decision, a move that could delay the trial into 2021 or later.

“If you know this team at all you know we have a lot of fight left in us. We knew this wasn’t going to be easy, change never is,” defender Becky Sauerbrunn wrote on Twitter.

While the Americans are the most successful women’s team, with four World Cup titles including the last two, the U.S. men did not even qualify for the 2018 World Cup. The USSF argued the women actually made more than the men both overall and by game average, and the women claimed they should have the same bonus structure as the men.

“Merely comparing what WNT players received under their own CBA with what they would have received under the MNT CBA discounts the value that the team placed on guaranteed benefits they receive under their agreement, which they opted for at the expense of higher performance-based bonuses,” Klausner wrote.

“This issue is insufficient to create a genuine issue of material fact for trial,” he added.

Klausner also said the women could not go forward with their claim that the USSF discriminated against them by scheduling more games on artificial turf than the men had. He said there was not sufficient evidence to show that decisions on field surface were made for discriminatory reasons.

‘Gross disparity on money spent on airfare and hotel’

He rejected the USSF’s argument that the men had a competitive need for charter flights that the women lacked, allowing that part of the suit to go forward. The federation has argued that the men, who have struggled in World Cup qualifying, have more need for charters than the women in order to arrive more rested for their qualifiers.

“This rationale does not fully explain the gross disparity on money spent on airfare and hotels for the teams,” Klausner wrote.

Klausner allowed other claims of discriminatory travel accommodations, such as money spent on hotels and commercial flights, to go to trial along with claims on support services such as medical and training staff. He said the USSF’s lawyers waited until reply briefs to ask for those claims to be thrown out, which meant he did not have to consider them.

Seyfarth Shaw’s summary judgment motion for the USSF included arguments critical of American women’s players. That filing caused an uproar and led to the resignation of USSF president Carlos Cordeiro, who was replaced by Cindy Parlow Cone, a former national team player. Latham & Watkins took over as counsel and filed the reply brief.

Parlow Cone has said she hopes the suit can settle before a trial.

“We look forward to working with the women’s national team to chart a positive path forward to grow the game,” the USSF said in a statement. “We are committed to continuing that work to ensure our women’s national team remains the best in the world.”

Earlier Friday, the women asked that Parlow Cone be included as a trial witness. Their lawyers said although the federation backed off earlier arguments saying women were inferior to their male counterparts in skill and effort, it still planned to contest differences in responsibility.

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French league’s legal board orders PSG to pay Kylian Mbappé 55 million euros of unpaid wages

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The French league’s legal commission has ordered Paris Saint-Germain to pay Kylian Mbappé the 55 million euros ($61 million) in unpaid wages that he claims he’s entitled to, the league said Thursday.

The league confirmed the decision to The Associated Press without more details, a day after the France superstar rejected a mediation offer by the commission in his dispute with his former club.

PSG officials and Mbappé’s representatives met in Paris on Wednesday after Mbappé asked the commission to get involved. Mbappé joined Real Madrid this summer on a free transfer.

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Reggie Bush was at his LA-area home when 3 male suspects attempted to break in

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LOS ANGELES (AP) — Former football star Reggie Bush was at his Encino home Tuesday night when three male suspects attempted to break in, the Los Angeles Times reported Wednesday.

“Everyone is safe,” Bush said in a text message to the newspaper.

The Los Angeles Police Dept. told the Times that a resident of the house reported hearing a window break and broken glass was found outside. Police said nothing was stolen and that three male suspects dressed in black were seen leaving the scene.

Bush starred at Southern California and in the NFL. The former running back was reinstated as the 2005 Heisman Trophy winner this year. He forfeited it in 2010 after USC was hit with sanctions partly related to Bush’s dealings with two aspiring sports marketers.

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B.C. Lions lean on versatile offence to continue win streak against Toronto Argonauts

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VANCOUVER – A fresh face has been gracing the B.C. Lions‘ highlight reels in recent weeks.

Midway through his second CFL campaign, wide receiver Ayden Eberhardt has contributed touchdowns in two consecutive games.

The 26-year-old wide receiver from Loveland, Colo., was the lone B.C. player to reel in a passing major in his team’s 37-23 victory over the league-leading Montreal Alouettes last Friday. The week before, he notched his first CFL touchdown in the Lions’ win over the Ottawa Redblacks.

“It’s been awesome. It’s been really good,” Eberhardt said of his recent play. “At the end of the day, the biggest stat to me is if we win. But who doesn’t love scoring?”

He’ll look to add to the tally Friday when the Leos (7-6) host the Toronto Argonauts.

Eberhardt signed with B.C. as a free agent in January 2023 and spent much of last season on the practice squad before cementing a role on the roster this year.

The six-foot-two, 195-pound University of Wyoming product has earned more opportunities in his second season, said Lions’ head coach and co-general manager Rick Campbell.

“He’s a super hard worker and very smart. He understands, has high football IQ, as we call it,” Campbell said.

The fact that Eberhardt can play virtually every receiving position helps.

“He could literally go into a game and we could throw him into a spot and he’d know exactly what he’s doing,” the coach said. “That allows him to play fast and earn the quarterback’s trust. And you see him making plays.”

Eberhardt credited his teammates, coaches and the rest of the Lions’ staff with helping him prepare for any situation he might face. They’ve all spent time teaching him the ins and outs of the Canadian game, or go over the playbook and run routes after practice, he said.

“I’ve played every single position on our offence in a game in the last two years, which is kind of crazy. But I love playing football,” he said. “I want to play any position that the team needs me to play.”

While B.C.’s lineup is studded with stars like running back William Stanback — who has a CFL-high 938 rushing yards — and wide receiver Justin McInnis — who leads the league in both receiving yards (1,074) and receiving TDs (seven) — versatility has been a critical part of the team’s back-to-back wins.

“I think we’ve got a lot of talented guys who deserve to get the ball and make big plays when they have the ball in their hands. So it’s really my job to get them the ball as much as possible,” said quarterback Nathan Rourke.

“I think that makes it easy when you can lean on those guys and, really, we’re in a situation where anyone can have a big game. And I think that’s a good place to be.”

Even with a talented lineup, the Lions face a tough test against an eager Argos side.

Toronto lost its second straight game Saturday when it dropped a 41-27 decision to Ottawa.

“We’ll have our hands full,” Rourke said. “We’ll have to adjust on the fly to whatever their game plan is. And no doubt, they’ll be ready to go so we’ll have to be as well.”

The two sides have already met once this season when the Argos handed the Lions a 35-27 loss in Toronto back on June 9.

A win on Friday would vault B.C. to the top of the West Division standings, over the 7-6 Winnipeg Blue Bombers who are on a bye week.

Collecting that victory isn’t assured, though, even with Toronto coming in on a two-game skid, Campbell said.

“They’ve hit a little bit of a rut, but they’re a really good team,” he said. “They’re very athletic. And you can really see (quarterback Chad Kelly’s) got zip on the ball. When you see him in there, he can make all the throws. So we’re expecting their best shot.”

TORONTO ARGONAUTS (6-6) AT B.C. LIONS (7-6)

Friday, B.C. Place

HOME FIELD ADVANTAGE: The Lions boast a 4-1 home record this season, including a 38-12 victory over the Redblacks at Royal Athletic Park in Victoria, B.C., on Aug. 31. The Argos have struggled outside of BMO Field and hold a 1-5 away record. Trips to the West Coast haven’t been easy for Toronto in recent years — since 2003, the club is 4-14 in road games against B.C.

CENTURION: B.C. defensive back Garry Peters is set to appear in his 100th consecutive game. The 32-year-old from Conyers, Ga., is a two-time CFL all-star who has amassed 381 defensive tackles, 19 special teams tackles and 16 interceptions over seven seasons. “Just being on the field with the guys every day, running around, talking trash back and forth, it keeps me young,” Peters said. “It makes me feel good, and my body doesn’t really feel it. I’ve been blessed to be able to play 100 straight.”

This report by The Canadian Press was first published Sept. 12, 2024.

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