Editor's Note: With this week's renovation of the EEOC charge filed a few years back and a refreshed lawsuit about "institutionalized gender discrimination" in compensation by the U.S. Women's National Team Players Association, it's a good time to revisit Jim Brennan's Classic coverage of the story and issues.
Gender wage discrimination in American hit the headlines again yesterday.
An EEOC complaint was filed by female football players. For those unaware of the global term for the most popular sport in the world, that really means "soccer". American football (with some modification) is tolerated in Canada, contorted in Australia and rarely encountered in other nations. Soccer, as we uniquely call it, is different. Soccer-Football is exactly the same game everywhere on earth. Likewise, those who play it professionally are similarly universally subjected to the same historically biased economic terms of employment that have existed since the dawn of time.
The U.S. Women's National Team (USWNT) members protest being paid less than the men despite producing superior outcomes. “The numbers speak for themselves,” renowned female goalie Hope Solo said. “We are the best in the world, have three World Cup championships, four Olympic championships, and the U.S.M.N.T. get paid more to just show up than we get paid to win major championships.” Their higher-paid male peers support the women's team in their fight. Veteran men's national team goalie Tim Howard agreed, adding, "We certainly know what it feels like. We felt underpaid for a long time. We had to negotiate our way to a settlement."
Attorney for the complaining female team players Jeffrey Kessler, co-chairman of the prestigious law firm Winston & Strawn, told reporters: "The reality is that this team is more valuable to the USSF than the men's team has been. That's what the facts show. And they would be justified in asking for more than the men are receiving. But the first step that they are seeking is equal treatment. That should be an easy step for the USSF to take."
In this case, it appears that the women have beaten the men in money generated and competitive achievements; but the female players still receive less reward in both absolute and proportional terms. The proper response to an impasse in a free economic market system is to quit, to get help to negotiate better terms or to go on strike. These women are not quitters, so they are fighting.
Unsurprisingly, the status quo situation may be unfair but remains legal. "Fair" means what you want it to mean. The term has no legal definition binding on parties in court trials. Any formally adjudicated dispute will not be resolved by emotional appeals. But the chances of victory in a contest are truly enhanced by emotional sound bites. Passionate war cries can have important strategic effects, to:
- unify and focus the energy of the combatants,
- activate public support to create pressure on the opposing side,
- undercut the morale of the resistant adversary, and
- increase the likelihood of settlement.
These well funded plaintiffs will not be marginalized or dismissed. They are the premier stars of the most popular sport in the world and one of (if not THE) the most popular sports for the majority of Americans. The women are backed by their male peers, represented by a top law firm and also have the might of the U.S. EEOC behind them.
The plaintiffs are strong role models for young girls and adult working women. When they strike, they set an example for how serious professionals attain a goal. They will not be kicked around. These women are experts at kicking. Let's see whose posterior gets booted the hardest.
E. James (Jim) Brennan is an independent compensation advisor with extensive total rewards experience in most industries. After corporate HR posts and consulting CEO roles, he was Senior Associate of pay surveyor ERI before returning to consulting in 2015. A prolific writer (author of the Performance Management Workbook), speaker and frequent expert witness in reasonable executive compensation court cases, Jim also serves on the Advisory Board of the Compensation and Benefits Review.
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