Claims by operators about different working conditions based on travel conditions, in particular charter flights and hotel accommodation, and support services, especially medical and training support, can still be tried.
The suit claims the American Football Association's pay practices constitute federal discrimination by paying women less than men "for substantially equal work and by denying them at least equal games, training and travel conditions; equal marketing of their games, equal support and development for their games, and others. terms of employment equivalent to MNT. "
However, Judge R. Gary Klausner wrote in his ruling that members of the USWNT did not prove pay discrimination under the Equal Pay Act because the women's team played more matches and made more money than the men's team.
The women's team also rejected a collective bargaining agreement (CBA) where they would have the same salary structure as the master team in favor of another CBA, Klausner wrote.
The Women's CBA guarantees that players are compensated regardless of whether they play a match or not, while the men's CBA asks that players be paid if they are called into the camp to play and then participate in a match, according to the summary judgment.
Klausner wrote that the women asked a court to conclude that the women were paid less than the men, because had the women been paid under the men's CBA, they would have earned more than they did under their own CBA.
"This approach – just comparing what each team would have done under the other team's CBA – is unsustainable in this case because it ignores the reality that MNT and WNT negotiated for different agreements that reflect different preferences, and that WNT explicitly rejected the terms they are currently seeking. to impose themselves retroactively, "Klausner wrote.
"This evidence is insufficient to raise a genuine issue of material fact for trial," Klausner wrote.
Molly Levinson, a spokeswoman for the players, said they would appeal the decision.
"We are shocked and disappointed with today's decision, but we will not give up our hard work for equal pay," Levinson said. "We are confident in our cause and steadfast in our commitment to ensure that girls and women who play this sport are not valued as less just because of their gender. We have learned that there are enormous obstacles to change; we know that "It takes courage and courage and perseverance to stand up to them. We want to appeal and push. Words cannot express our gratitude to all who support us."
Players weighed in on social media, including Megan Rapinoe, who tweeted, "We'll never stop fighting for EQUITY."
"We will continue in the fight for equal pay," Christen Press said in a tweet.
Tobin Heath tweeted: "This team never gives up, and we're not going to start now."
The trial is scheduled for June 16.