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Entertainment, Arts, and Sports Law

Brooklyn Law Review

2021

EPA/Equal Pay Act; Factor other than sex; Affirmative Defense; USSF (United States Soccer Federation); USWNT (United States Women’s National Team); USMNT (United States Men’s National Team); Professional sports; Single Common Employer; Single Employer; Equal pay; Legitimate business justification; Market; Market factors; Compensation; Compensation Structure; Gender; Soccer; Antitrust Law; Burden Shifting Mechanisms; Circuit Split; Wage (or pay) Gap; Burden

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An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher Sep 2021

An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher

Brooklyn Law Review

Despite winning numerous World Cup championships and securing the title as the number one female soccer team in the world, the United States Women’s National Team (USWNT) has taken the silver medal to its male counterpart, the United States Men’s National Team (USMNT), in one specific area: compensation. In an effort to level the playing field, the USWNT recently filed a lawsuit under the Equal Pay Act (EPA) against its single common employer, United States Soccer Federation (USSF), which owns both the USWNT and the USMNT. At first blush, it might be hard to reconcile this phenomenon. However, upon closer …