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Judge tosses U.S. women's soccer team's claim for equal pay – CP24 Toronto's Breaking News

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Anne M. Peterson And Ronald Blum, The Associated Press


Published Saturday, May 2, 2020 11:12AM EDT

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 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 its use of charter aircraft, and 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 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.

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.

In addition, the USSF has said spending in these areas has been equal since the women’s union agreed to a new labour deal in 2017.

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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Champions Trophy host Pakistan says it’s not been told India wants to play cricket games elsewhere

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LAHORE, Pakistan (AP) — A top official of the Pakistan Cricket Board declined Friday to confirm media reports that India has decided against playing any games in host Pakistan during next year’s Champions Trophy.

“My view is if there’s any problems, they (India) should tell us in writing,” PCB chairman Mohsin Naqvi told reporters in Lahore. “I’ll share that with the media as well as with the government as soon as I get such a letter.”

Indian media reported Friday that the Board of Control for Cricket in India (BCCI) has communicated its concerns to all the Champions Trophy stakeholders, including the PCB, over the Feb. 19-March 9 tournament and would not play in arch-rival Pakistan.

The Times of India said that “Dubai is a strong candidate to host the fixtures involving the Men in Blue” for the 50-over tournament.

Such a solution would see Pakistan having to travel to a neutral venue to play India in a group match, with another potential meeting later in the tournament if both teams advanced from their group. The final is scheduled for March 9 in Pakistan with the specific venue not yet decided.

“Our stance is clear,” Naqvi said. “They need to give us in writing any objections they may have. Until now, no discussion of the hybrid model has happened, nor are we prepared to accept one.”

Pakistan hosted last year’s Asia Cup but all India games were played in Sri Lanka under a hybrid model for the tournament. Only months later Pakistan did travel to India for the 50-over World Cup.

Political tensions have stopped bilateral cricket between the two nations since 2008 and they have competed in only multi-nation tournaments, including ICC World Cups.

“Cricket should be free of politics,” Naqvi said. “Any sport should not be entangled with politics. Our preparations for the Champions Trophy will continue unabated, and this will be a successful event.”

The PCB has already spent millions of dollars on the upgrade of stadiums in Karachi, Lahore and Rawalpindi which are due to host 15 Champions Trophy games. Naqvi hoped all the three stadiums will be ready over the next two months.

“Almost every country wants the Champions Trophy to be played here (in Pakistan),” Naqvi said. “I don’t think anyone should make this a political matter, and I don’t expect they will. I expect the tournament will be held at the home of the official hosts.”

Eight countries – Pakistan, India, Bangladesh, England, Australia, South Africa, New Zealand and Afghanistan – are due to compete in the tournament, the schedule of which is yet to be announced by the International Cricket Council.

“Normally the ICC announces the schedule of any major tournament 100 days before the event, and I hope they will announce it very soon,” Naqvi said.

___

AP cricket:

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Dabrowski, Routlife into WTA doubles final with win over Melichar-Martinez, Perez

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RIYADH, Saudi Arabia – Ottawa‘s Gabriela Dabrowski and Erin Routliffe of New Zealand are through to the doubles final at the WTA Finals after a 7-6 (7), 6-1 victory over Nicole Melichar-Martinez of the United States and Australia’s Ellen Perez in semifinal action Friday.

Dabrowski and Routliffe won a hard-fought first set against serve when Routliffe’s quick reaction at the net to defend a Perez shot gave the duo set point, causing Perez to throw down her racket in frustration.

The second seeds then cruised through the second set, winning match point on serve when Melichar-Martinez couldn’t handle Routliffe’s shot.

The showdown was a rematch of last year’s semifinal, which Melichar-Martinez and Perez won in a super tiebreak.

Dabrowski and Routliffe will face the winner of a match between Katerina Siniakova and Taylor Townsend, and Hao-Ching Chan and Veronika Kudermetova in the final on Saturday.

Dabrowski is aiming to become the first Canadian to win a WTA Finals title.

This report by The Canadian Press was first published Nov. 8, 2024.

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Winger Tajon Buchanan back with Canada after recovering from broken leg

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Inter Milan winger Tajon Buchanan, recovered from a broken leg suffered in training at this summer’s Copa America, is back in Jesse Marsch’s Canada squad for the CONCACAF Nations League quarterfinal against Suriname.

The 25-year-old from Brampton, Ont., underwent surgery July 3 to repair a fractured tibia in Texas.

Canada, ranked 35th in the world, plays No. 136 Suriname on Nov. 15 in Paramaribo. The second leg of the aggregate series is four days later at Toronto’s BMO Field.

There is also a return for veteran winger Junior Hoilett, who last played for Canada in June in a 4-0 loss to the Netherlands in Marsch’s debut at the Canadian helm. The 34-year-old from Brampton, now with Scotland’s Hibernian, has 15 goals in 63 senior appearances for Canada.

Midfielder Ismael Kone, recovered from an ankle injury sustained on club duty with France’s Marseille, also returns. He missed Canada’s last three matches since the fourth-place Copa America loss to Uruguay in July.

But Canada will be without centre back Derek Cornelius, who exited Marseille’s win Sunday over Nantes on a stretcher after suffering an apparent rib injury.

The Canadian men will prepare for Suriname next week at a camp in Fort Lauderdale, Fla.

“We are looking forward to getting the group together again with the mindset that there is a trophy on the line,” Marsch said in a statement. “We want to end 2024 the right way with two excellent performances against a competitive Suriname squad and continue building on our tremendous growth this past summer.”

The quarterfinal winners advance to the Nations League Finals at SoFi Stadium in Inglewood, Calif., with the two semifinals scheduled for March 20 and the final and third-place playoff March 23, and qualify for the 2025 CONCACAF Gold Cup.

Thirteen of the 23 players on the Canadian roster are 25 or younger, with 19-year-old defender Jamie Knight-Lebel, currently playing for England’s Crewe Alexandra on loan from Bristol City, the youngest.

Bayern Munich star Alphonso Davies captains the side with Stephen Eustaquio, Jonathan Osorio, Richie Laryea, Alistair Johnston and Kamal Miller adding veteran support.

Jonathan David, Cyle Larin and Theo Bair are joined in attack by Minnesota United’s Tani Oluwaseyi.

Niko Sigur, a 21-year-old midfielder with Croatia’s Hadjuk Split, continues in the squad after making his debut in the September friendly against Mexico.

Suriname made it to the Nations League quarterfinals by finishing second to Costa Rica in Group A of the Nations League, ahead of No. 104 Guatemala, No. 161 Guyana and unranked Martinique and Guadeloupe.

“A good team,” Osorio said of Suriname. “These games are always tricky and they’re not easy at all … Suriname is a (former) Dutch colony and they’ll have Dutch players playing at high levels.”

“They won’t be someone we overlook at all,” added the Toronto FC captain, who has 81 Canada caps to his credit.

Located on the northeast coast of South America between Guyana and French Guiana, Suriname was granted independence in 1975 by the Netherlands.

Canada has faced Suriname twice before, both in World Cup qualifying play, winning 4-0 in suburban Chicago in June 2021 and 2-1 in Mexico City in October 1977.

The Canadian men, along with Mexico, the United States and Panama, received a bye into the final eight of the CONCACAF Nations League.

Canada, No. 2 in the CONCACAF rankings, drew Suriname as the best-placed runner-up from League A play.

Canada lost to Jamaica in last year’s Nations League quarterfinal, ousted on the away-goals rule after the series ended in a 4-4 draw. The Canadians lost 2-0 to the U.S. in the final of the 2022-23 tournament and finished fifth in 2019-20.

Canada defeated Panama 2-1 last time out, in an Oct. 15 friendly in Toronto.

Goalkeepers Maxime Crepeau and Jonathan Sirois, defenders Joel Waterman, Laryea and Miller and Osorio took part in a pre-camp this week in Toronto for North America-based players.

Canada Roster

Goalkeepers: Maxime Crepeau, Portland Timbers (MLS); Jonathan Sirois, CF Montreal (MLS); Dayne St. Clair, Minnesota United FC (MLS).

Defenders: Moise Bombito, OGC Nice (France); Alphonso Davies, Bayern Munich (Germany); Richie Laryea, Toronto FC (MLS); Alistair Johnston, Celtic (Scotland); Jamie Knight-Lebel. Crewe Alexandra, on loan from Bristol City (England); Kamal Miller, Portland Timbers (MLS); Joel Waterman, CF Montreal (MLS).

Midfielders: Ali Ahmed. Vancouver Whitecaps (MLS); Tajon Buchanan, Inter Milan (Italy); Mathieu Choiniere, Grasshopper Zurich (Switzerland); Stephen Eustaquio, FC Porto (Portugal); Junior Hoilett, Hibernian FC (Scotland); Ismael Kone, Olympique Marseille (France); Jonathan Osorio, Toronto FC (MLS); Jacob Shaffelburg, Nashville SC (MLS); Niko Sigur, Hadjuk Split (Croatia).

Forwards: Theo Bair, AJ Auxerre (France); Jonathan David, LOSC Lille (France); Cyle Larin, RCD Mallorca (Spain); Tani Oluwaseyi, Minnesota United (MLS).

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This report by The Canadian Press was first published Nov. 8, 2024.

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