Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 1 of 25 Page ID #:1

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Jeffrey L. Kessler (pro hac vice forthcoming)
jkessler@winston.com
David G. Feher (pro hac vice forthcoming)
dfeher@winston.com
WINSTON & STRAWN LLP
200 Park Avenue
New York, New York 10166
Telephone: (212) 294- 6700
Facsimile: (212) 294-4700
Cardelle B. Spangler (pro hac vice forthcoming)
cspangler@winston.com
WINSTON & STRAWN LLP
35 West Wacker Drive
Chicago, Illinois 60601
Telephone: (312) 558-5600
Facsimile: (312) 558-5700

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Diana Hughes Leiden (SBN: 267606)
dhleiden@winston.com
WINSTON & STRAWN LLP
333 South Grand Avenue, 38th Floor
Los Angeles, California 90071-1543
Telephone: (213) 615-1700
Facsimile: (213) 615-1750

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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ALEX MORGAN, MEGAN RAPINOE,
BECKY SAUERBRUNN, CARLI LLOYD,
MORGAN BRIAN, JANE CAMPBELL,
DANIELLE COLAPRICO, ABBY
DAHLKEMPER, TIERNA DAVIDSON,
CRYSTAL DUNN, JULIE ERTZ, ADRIANNA
FRANCH, ASHLYN HARRIS, TOBIN
HEATH, LINDSEY HORAN, ROSE
LAVELLE, ALLIE LONG, MERRITT
MATHIAS, JESSICA MCDONALD,
SAMANTHA MEWIS, ALYSSA NAEHER,
KELLEY O’HARA, CHRISTEN PRESS,
MALLORY PUGH, CASEY SHORT, EMILY
SONNETT, ANDI SULLIVAN AND
MCCALL ZERBONI,

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Plaintiffs/Claimants,

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vs.

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UNITED STATES SOCCER FEDERATION,
INC.,
Defendant/Respondent.

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COMPLAINT

Case No. 2:19-CV-01717
PLAINTIFFS’ COLLECTIVE
ACTION COMPLAINT FOR
VIOLATIONS OF THE
EQUAL PAY ACT AND
CLASS ACTION
COMPLAINT FOR
VIOLATIONS OF TITLE VII
OF THE CIVIL RIGHTS ACT
OF 1964
DEMAND FOR JURY TRIAL

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 2 of 25 Page ID #:2

NATURE OF THE ACTION

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1.

The United States Soccer Federation, Inc. (“USSF”) is the single,

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common employer of female and male professional soccer players who play on the

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United States Senior Women’s National Soccer Team (“WNT”) and the United States

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Senior Men’s National Soccer Team (“MNT”). Despite the fact that these female and

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male players are called upon to perform the same job responsibilities on their teams

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and participate in international competitions for their single common employer, the

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USSF, the female players have been consistently paid less money than their male

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counterparts. This is true even though their performance has been superior to that of

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the male players – with the female players, in contrast to male players, becoming

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world champions.

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2.

The USSF has claimed that its mission is to “promote and govern soccer

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in the United States in order to make it the preeminent sport recognized for excellence

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in participation, spectator appeal, international competitions and gender equality.”

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(Emphasis added.) In reality, the USSF has utterly failed to promote gender equality.

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It has stubbornly refused to treat its female employees who are members of the WNT

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equally to its male employees who are members of the MNT. The USSF, in fact, has

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admitted that it pays its female player employees less than its male player employees

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and has gone so far as to claim that “market realities are such that the women do not

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deserve to be paid equally to the men.” The USSF admits to such purposeful gender

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discrimination even during times when the WNT earned more profit, played more

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games, won more games, earned more championships, and/or garnered higher

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television audiences.

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3.

During his 2017 campaign for president of the USSF, current President

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Carlos Cordeiro, who had been a member of the USSF’s Board of Directors since

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2007 and Vice President of the USSF from 2016 to February 2018, admitted, “Our

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women’s teams should be respected and valued as much as our men’s teams, but our

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female players have not been treated equally.” The USSF, however, has paid only lip
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COMPLAINT

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service to gender equality and continues to practice gender-based discrimination

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against its champion female employees on the WNT in comparison to its less

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successful male employees on the MNT.

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4.

This collective and class action is brought by current female employees

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of the USSF who play on the WNT for violations of the Equal Pay Act (“EPA”), 29

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U.S.C. § 206(d) et seq., and Title VII of the Civil Rights Act of 1964, as amended, 42

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U.S.C. § 2000e et seq. (“Title VII”), on behalf of themselves and all other similarly

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situated current and former WNT players who the USSF has subjected to its

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continuing policies and practices of gender discrimination. The USSF discriminates

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against Plaintiffs, and the class that they seek to represent, by paying them less than

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members of the MNT for substantially equal work and by denying them at least equal

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playing, training, and travel conditions; equal promotion of their games; equal support

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and development for their games; and other terms and conditions of employment

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equal to the MNT.

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5.

This action seeks an end to the USSF’s discriminatory practices, and an

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award to make Plaintiffs and the class whole, as well as to provide for liquidated and

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punitive damages and all other appropriate relief.

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PARTIES

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6.

Alex Morgan is a woman who resides in Maitland, Florida during the

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National Women’s Soccer League season and in Manhattan Beach, California during

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the off-season. During times relevant to this lawsuit, Plaintiff Morgan has been

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employed by the USSF as a member of the WNT.

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7.

Megan Rapinoe is a woman who resides in Seattle, Washington. During

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times relevant to this lawsuit, Plaintiff Rapinoe has been employed by the USSF as a

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member of the WNT.

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8.

Becky Sauerbrunn is a woman who resides in Portland, Oregon. During

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times relevant to this lawsuit, Plaintiff Sauerbrunn has been employed by the USSF as

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a member of the WNT.
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COMPLAINT

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9.

Carli Lloyd is a woman who resides in Medford, New Jersey. During

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times relevant to this lawsuit, Plaintiff Lloyd has been employed by the USSF as a

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member of the WNT.

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10.

Morgan Brian is a woman who resides in Chicago, Illinois. During times

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relevant to this lawsuit, Plaintiff Brian has been employed by the USSF as a member

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of the WNT.

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11.

Jane Campbell is a woman who resides in Houston, Texas. During times

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relevant to this lawsuit, Plaintiff Campbell has been employed by the USSF as a

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member of the WNT.

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12.

Danielle Colaprico is a woman who resides in Freehold, New Jersey.

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During times relevant to this lawsuit, Plaintiff Colaprico has been employed by the

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USSF as a member of the WNT.

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13.

Abby Dahlkemper is a woman who resides in Menlo Park, California.

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During times relevant to this lawsuit, Plaintiff Dahlkemper has been employed by the

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USSF as a member of the WNT.

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14.

Tierna Davidson is a woman who resides in Menlo Park, California.

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During times relevant to this lawsuit, Plaintiff Davidson has been employed by the

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USSF as a member of the WNT.

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15.

Crystal Dunn is a woman who resides in Rockville Centre, New York.

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During times relevant to this lawsuit, Plaintiff Dunn has been employed by the USSF

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as a member of the WNT.

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16.

Julie Ertz is a woman who resides in Philadelphia, Pennsylvania. During

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times relevant to this lawsuit, Plaintiff Ertz has been employed by the USSF as a

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member of the WNT.

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17.

Adrianna Franch is a woman who resides in Beaverton, Oregon. During

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times relevant to this lawsuit, Plaintiff Franch has been employed by the USSF as a

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member of the WNT.

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COMPLAINT

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Ashlyn Harris is a woman who resides in Altamonte Springs, Florida.

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During times relevant to this lawsuit, Plaintiff Harris has been employed by the USSF

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as a member of the WNT.

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Tobin Heath is a woman who resides in Portland, Oregon. During times

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relevant to this lawsuit, Plaintiff Heath has been employed by the USSF as a member

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of the WNT.

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20.

Lindsey Horan is a woman who resides in Golden, Colorado. During

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times relevant to this lawsuit, Plaintiff Horan has been employed by the USSF as a

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member of the WNT.

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21.

Rose Lavelle is a woman who resides in Cincinnati, Ohio. During times

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relevant to this lawsuit, Plaintiff Lavelle has been employed by the USSF as a member

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of the WNT since 2017.

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22.

Allie Long is a woman who resides in Tacoma, Washington. During

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times relevant to this lawsuit, Plaintiff Long has been employed by the USSF as a

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member of the WNT.

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23.

Merritt Mathias is a woman who resides in Portland, Oregon. During

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times relevant to this lawsuit, Plaintiff Mathias has been employed by the USSF as a

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member of the WNT.

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24.

Jessica McDonald is a woman who resides in Chapel Hill, North

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Carolina.

During times relevant to this lawsuit, Plaintiff McDonald has been

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employed by the USSF as a member of the WNT.

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Samantha Mewis is a woman who resides in Dorchester, Massachusetts.

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During times relevant to this lawsuit, Plaintiff Mewis has been employed by the USSF

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as a member of the WNT.

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26.

Alyssa Naeher is a woman who resides in Charlotte, North Carolina.

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During times relevant to this lawsuit, Plaintiff Naeher has been employed by the

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USSF as a member of the WNT.

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COMPLAINT

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27.

Kelley O’Hara is a woman who resides in Atlanta, Georgia. During

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times relevant to this lawsuit, Plaintiff O’Hara has been employed by the USSF as a

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member of the WNT.

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28.

Christen Press is a woman who resides in Palos Verdes, California.

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During times relevant to this lawsuit, Plaintiff Press has been employed by the USSF

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as a member of the WNT.

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29.

Mallory Pugh is a woman who resides in Highlands Ranch, Colorado.

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During times relevant to this lawsuit, Plaintiff Pugh has been employed by the USSF

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as a member of the WNT.

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30.

Casey Short is a woman who resides in Chicago, Illinois. During times

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relevant to this lawsuit, Plaintiff Short has been employed by the USSF as a member

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of the WNT.

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31.

Emily Sonnett is a woman who resides in Marietta, Georgia. During

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times relevant to this lawsuit, Plaintiff Sonnett has been employed by the USSF as a

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member of the WNT.

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32.

Andi Sullivan is a woman who resides in Rockville, Maryland. During

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times relevant to this lawsuit, Plaintiff Sullivan has been employed by the USSF as a

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member of the WNT.

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33.

McCall Zerboni is a woman who resides in Raleigh, North Carolina

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during the National Women’s Soccer League season and in San Juan Capistrano,

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California with her family during the off-season.

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lawsuit, Plaintiff Zerboni has been employed by the USSF as a member of the WNT.

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34.

During times relevant to this

Defendant USSF is a 501(c)(3) not-for-profit corporation domiciled in

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the State of New York, headquartered in Chicago, Illinois and with operations

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throughout the United States, including in Los Angeles County, California. At all

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times relevant hereto, the USSF employed more than 500 people including, but not

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limited to, Plaintiffs and all current and former members of the WNT and the MNT,

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COMPLAINT

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all of whom performed their employment services as players in training camps and

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games throughout the United States, including in Los Angeles County, California.
JURISDICTION AND VENUE

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35.

This court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332

because Plaintiffs assert federal claims under the Equal Pay Act and Title VII.
36.

Venue is proper in this judicial district under 28 U.S.C. § 1391(b)-(c)

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because a Plaintiff resides in this district; all Plaintiffs perform work in this district,

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including attending training camps for extensive periods of time and playing WNT

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games; the USSF conducts substantial business throughout this district, including, but

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not limited to, maintaining the U.S. Soccer National Training Center in Carson,

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California where USSF, among other things, evaluates WNT players at training camps

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and hosts WNT games; and events giving rise to claims herein occurred in this district

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including, but not limited to, WNT players attending training camps and playing

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games.

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FACTUAL ALLEGATIONS
37.

The USSF is the common employer of the players on the WNT and the

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MNT. It centrally manages and controls every aspect of the senior national team

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program for both teams and their female and male members. This includes, for

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example, selecting and hiring their members as employees; setting and providing them

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with their pay; hiring their coaches, trainers, nutritionists, doctors, massage therapists,

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administrators and other staff people; deciding the number of games the employees

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play, the location of games, the opponents for games, the tournaments in which they

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participate, and nature, timing and funding for promotion of the games; determining

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the surface of the fields on which their employees play; scheduling times and

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locations for training camps; granting access to practice fields, locker rooms and

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exercise equipment during camps; setting ticket prices for home games; and deciding

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whether to charter a flight for employees or require they travel commercially for

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COMPLAINT

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games.

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controlled by and dictated by the USSF, as the common employer.

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38.

Every aspect of the players’ employment on both teams is commonly
This centralized management and control has permitted the USSF to

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perpetuate gender-based discrimination against Plaintiffs and the class they seek to

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represent in nearly every aspect of their employment.

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39.

This is the case even though the WNT has achieved unmatched success

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in international soccer leading to world championships and substantial profits for the

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USSF and even though Plaintiffs are required to perform the same job duties that

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require equal skill, effort and responsibilities performed under similar working

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conditions as the male MNT players.
A.

Leading to Substantial Profits for the USSF as Plaintiffs’ Employer.

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The WNT Has Achieved Unmatched Success in International Soccer

40.

The WNT has enjoyed unparalleled success in international soccer. The

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team has won three World Cup titles, most recently in 2015, four Olympic Gold

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Medals and numerous other international competitions. It is the three-time winner of

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the U.S. Olympic Committee’s Team of the Year Award and has been Sports

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Illustrated’s Athlete of the Year. The WNT is currently ranked number one in the

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world, a position it has held ten out of the last eleven years.

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41.

The July 5, 2015 World Cup title game garnered approximately 23

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million viewers, making it the most watched soccer game in American TV history.

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The post-Cup Victory Tour drew tens of thousands of fans to soccer stadiums across

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the United States, a trend that continued years after that historic achievement.

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42.

The WNT’s success on the field has translated into substantial revenue

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generation and profits for the USSF. In fact, during the period relevant to this case,

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the WNT earned more in profit and/or revenue than the MNT.

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43.

For example, for FY2016 (April 1, 2015-March 31, 2016), the USSF

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budgeted a combined net loss for the national teams of $429,929. But thanks largely

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to the success of the female players on the WNT, the USSF revised its projections
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COMPLAINT

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upward to include a $17.7 million profit. The net profit for the WNT outstripped net

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profit for the MNT because the female players on the WNT were more successful in

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competition than the male players on the MNT – while being paid substantially less.

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B.

Plaintiffs Are Required to Perform the Same Job Duties that Require

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Equal Skill, Effort and Responsibilities Performed under Similar

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Working Conditions as MNT Players.

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44.

Notwithstanding

the

unbridled

on-field

success

and

financial

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contributions of the WNT players, the USSF has and continues to have a policy and

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practice of discriminating against Plaintiffs based upon their gender by treating them

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substantially less favorably than members of the MNT with regard to pay and other

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terms and conditions of employment despite the USSF requiring Plaintiffs to perform

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the same job duties that require equal skill, effort and responsibilities performed under

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similar working conditions as MNT players.

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45.

As their common employer, the USSF, for example, has and continues to

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require that Plaintiffs and male players on the MNT be available for training and any

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games requested by the USSF; maintain a high level of competitive soccer skills and

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physical conditioning such that they can compete as elite soccer players; not use

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illegal or banned drugs or any other harmful substances; serve as a spokesperson for

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soccer and devote reasonable best efforts to promoting and developing the sport of

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soccer in the U.S.; grant all reasonable requests by the USSF to promote games and to

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participate in a reasonable number of media interviews and other media sessions;

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participate in autograph sessions; devote whatever time is reasonable and necessary to

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perform their duties as players and spokespeople; comport themselves, at all times, in

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a manner befitting their positions as members of the WNT and MNT and

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spokespersons and representatives of the USSF and the sport of soccer; and comply

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with the USSF’s reasonable rules and regulations.

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46.

As their common employer, the USSF also has and continues to require

that Plaintiffs and male players on the MNT maintain competitive soccer skills,
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COMPLAINT

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physical conditioning and overall health by undergoing rigorous training routines

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(endurance running, weight training, etc.) and by adhering to certain nutrition,

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physical therapy and other regimens. They must attend training camps and practices,

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participate in skills drills and play scrimmages and other practice events.
47.

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As their common employer, the USSF also has and continues to require

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Plaintiffs and male players on the MNT to travel nationally and internationally as

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necessary for competitive games, which are the same in length, physical and mental

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demand, and playing environment and conditions throughout the United States and

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globally.

Plaintiffs and MNT players do not work in a single location, but are

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required to perform and work in games throughout the United States and globally,

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according to the playing schedule set by the USSF.
48.

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Plaintiffs and similarly situated male employees of the USSF must adhere

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to the same rules of the game of soccer as established by the Federation Internationale

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de Football Association (“FIFA”). They play on the same size field; use the same size

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ball; have the same duration of matches and play by the same rules regarding start and

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restart of play, offside, fouls and misconduct, free kicks, penalty kicks, throw-ins,

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goals kicks, corner kicks, etc.
49.

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In light of the WNT’s on-field success, Plaintiffs often spend more time

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practicing for and playing in matches, more time in training camps, more time

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traveling and more time participating in media sessions, among other duties and

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responsibilities, than similarly situated MNT players.
50.

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For example, from 2015 through 2018, the WNT played nineteen more

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games than the MNT played over that same period of time. As the MNT averaged

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approximately seventeen games per year in that time frame, the WNT played the

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equivalent of more than one additional MNT calendar year season from 2015 through

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2018.

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51.

The USSF, nevertheless, has paid and continues to pay Plaintiffs less

than similarly situated MNT players.
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COMPLAINT

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C.

The USSF Has a Policy and Practice of Discriminating Against

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Members of the WNT, Including Plaintiffs, on the Basis of Gender

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by Paying Them Less Than Similarly Situated MNT Players.

4

52.

Beginning as early as 2012 and at various times thereafter, members of

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the WNT through their union, the WNT Players’ Association (“WNTPA”), have

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demanded that the USSF offer WNT players pay equal to pay afforded to MNT

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players. These demands, however, have been rejected, and the USSF has paid and

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continues to pay WNT players less for comparable services than the USSF pays to

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male players on the MNT.

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53.

Under the pay structure in effect from January 1, 2001 through December

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31, 2018, MNT players received a minimum amount (currently $5,000) to play in each

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game, regardless of the outcome. That minimum can increase to amounts currently

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ranging from $6,250 to $17,625 per game, depending on the level of their opponent

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(FIFA-ranked 1-10, FIFA-ranked 11-24, FIFA ranked above 25) and whether they win

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or tie the game.

16

54.

The USSF has continually rejected WNT players’ requests for pay equal

17

to the pay afforded to MNT players. In response to their demand in 2012, the USSF

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offered WNT players compensation only if they won games against FIFA-ranked top

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ten teams. The USSF would not have paid them for losing games, tying games or

20

winning against teams ranked outside of the top ten.

21

55.

In response to the WNT players’ demand for equal pay in 2016, a

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representative of the USSF admitted that the USSF has and will continue to have a

23

practice of gender-based pay discrimination. The representative pronounced, “market

24

realities are such that the women do not deserve to be paid equally to the men.” The

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USSF made this statement after it already had conceded that the WNT outperformed

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the MNT in both revenue and profit the prior year.

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COMPLAINT

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56.

The USSF has never offered female WNT players pay at least equal to

2

the pay afforded to male MNT players. In fact, the USSF has admitted that WNT

3

players have been paid less than comparable male MNT players.

4

57.

From March 19, 2013 through December 31, 2016, WNT players could

5

earn a maximum salary of $72,000 plus bonuses for winning non-tournament games

6

called “friendlies,” for World Cup-related appearances and victories, and for

7

placement at the Olympics.

8

58.

A comparison of the WNT and MNT pay shows that if each team played

9

20 friendlies in a year and each team won all twenty friendlies, female WNT players

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would earn a maximum of $99,000 or $4,950 per game, while similarly situated male

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MNT players would earn an average of $263,320 or $13,166 per game against the

12

various levels of competition they would face. A 20-game winning top tier WNT

13

player would earn only 38% of the compensation of a similarly situated MNT player.

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15
16

59.

The compensation afforded WNT players for World Cup competition

was even more strikingly disparate than for friendlies.
60.

From March 19, 2013 through December 31, 2016, WNT players earned

17

only $15,000 total for being asked to try out for the World Cup team and for making

18

the team roster. MNT players, on the other hand, earned $55,000 each for making

19

their team’s roster in 2014 and could have earned $68,750 each for making their

20

team’s roster in 2018.

21

61.

The pay for advancement through the rounds of the World Cup was so

22

skewed that, in 2014, the USSF provided the MNT with performance bonuses totaling

23

$5,375,000 for losing in the Round of 16, while, in 2015, the USSF provided the

24

WNT with only $1,725,000 for winning the entire tournament. The WNT earned

25

more than three times less than the MNT while performing demonstrably better.

26
27

62.

The WNTPA entered into a new collective bargaining agreement with the

USSF effective January 1, 2017 (“2017 CBA”). During collective bargaining for a

28
11
COMPLAINT

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new contract, USSF rejected requests for compensation for the WNT players that

2

would have been at least equal to that afforded to the male MNT players.

3

63.

The WNTPA even proposed a revenue-sharing model that would test the

4

USSF’s “market realities” theory. Under this model, player compensation would

5

increase in years in which the USSF derived more revenue from WNT activities and

6

player compensation would be less if revenue from those activities decreased. This

7

showed the players’ willingness to share in the risk and reward of the economic

8

success of the WNT. The USSF categorically rejected this model as well.

9
10
11
12
13

64.

The USSF continues its policy and practice of paying female WNT

players less than similarly situated male MNT players on a per game basis.
65.

Each Plaintiff has and continues to earn less compensation on a per game

basis than comparable male players on the MNT.
66.

The USSF has no legitimate, non-discriminatory reason for this gross

14

disparity in pay, nor can it be explained away by any bona fide seniority, merit or

15

incentive system or any other factor other than sex.

16

D.

The USSF Has a Policy and Practice of Discriminating Against

17

Members of the WNT, Including Plaintiffs, on the Basis of Gender

18

by Providing Them with Less Favorable Terms and Conditions of

19

Employment Than Similarly Situated MNT Players.

20

67.

The USSF’s ongoing policies and practices of intentional gender

21

discrimination extend beyond pay and into nearly every aspect of Plaintiffs and

22

similarly situated WNT players’ work conditions. This includes playing, training and

23

travel conditions; promotion of their games; support and development for their games

24

and other terms and conditions of their employment that are less favorable than

25

provided to MNT players.

26

68.

For example, the USSF has complete control over the surfaces, i.e., grass,

27

grass overlay or artificial surfaces such as turf, on which the national teams play their

28

home matches. Playing on inferior surfaces, including artificial turf, can lead to
12
COMPLAINT

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1

significant, career-threatening injuries. Such surfaces also affect fundamentals of the

2

games, including the way the ball bounces and how the ball can be struck.
69.

3

At times relevant hereto, the USSF subjected Plaintiffs and similarly

4

situated current and former WNT players to matches on inferior surfaces at a rate far

5

in excess of that required of MNT players.
70.

6

For example, from January 1, 2014 through December 31, 2017, the

7

WNT played 62 domestic matches, 13 (21%) of which were played on artificial

8

surfaces. During that same period of time, the MNT played 49 domestic matches,

9

only 1 (2%) of which was played on an artificial surface.
71.

10

During this same time period, the USSF arranged for natural grass to be

11

installed temporarily over artificial surfaces for 8 MNT domestic matches, including 3

12

venues where the USSF did not temporarily install natural grass when the WNT

13

played in those same venues. The USSF provided a temporary natural grass overlay

14

for the WNT only once during this same time period.
72.

15

The USSF has complete control over whether it requires WNT and MNT

16

players to take commercial flights or chooses to charter flights for the teams. Charter

17

flights provide for more physical comfort, less risk of lost baggage or missed

18

connections and better opportunity for rest before and after games, among other

19

benefits.
73.

20

The USSF provides the MNT with the benefit of charter flights more

21

frequently than it does for the WNT. In 2017, for example, the USSF chartered flights

22

for the MNT on at least seventeen occasions, while failing to do so even once for the

23

WNT.

24

74.

The USSF has complete control over the timing and manner of and

25

resources it devotes to promote national team games. Among other things, the USSF

26

has allocated less resources promoting WNT games than it has allocated promoting

27

MNT games; has not announced WNT games with sufficient notice to allow for

28
13
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 15 of 25 Page ID #:15

1

maximum attendance; and has not used all available means to promote WNT games in

2

a manner at least equal to MNT games.

3

75.

In December 2017, the former President of Soccer United Marketing –

4

the for-profit marketing company the USSF has used for many years to market the

5

national teams and other soccer entities – acknowledged that the WNT has been

6

under-marketed. She further acknowledged that the USSF has “taken the WNT for

7

granted” and agreed that there was a need for the USSF to invest equally in the WNT

8

and MNT.

9

76.

Such disparate treatment in the promotion of the WNT has a direct and

10

negative effect not only on revenue generated by the WNT but compensation in the

11

form of ticket share revenue – an amount paid by the USSF to each national team for

12

each ticket sold to their USSF-promoted home friendlies. When fewer people know

13

about a game, fewer people buy tickets to the game and fewer dollars are generated

14

from the game.

15

77.

The USSF further continues to discriminate against Plaintiffs and

16

similarly situated WNT players by having set ticket prices to the WNT games at a

17

lower price than for MNT games. The USSF’s unilateral decision to set such lower

18

ticket prices, coupled with its decision to provide substantially less marketing and

19

promotion support to the WNT, results in USSF-manufactured revenue depression for

20

the WNT, which is then used as pretext for lower compensation for Plaintiffs.

21

78.

The USSF has no legitimate, non-discriminatory reason for the gross

22

disparity in the terms and conditions of employment to which it has subjected and

23

continues to subject Plaintiffs and the class they seek to represent.

24

COLLECTIVE ACTION ALLEGATIONS

25

The Fair Labor Standards Act of 1938, as amended by the Equal Pay Act, 29

26

U.S.C. §§ 206 et seq.

27
28

79.

Plaintiffs re-allege and incorporate by reference each and every allegation

contained in the previous paragraphs of this Complaint as if fully set forth herein.
14
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 16 of 25 Page ID #:16

1

80.

The USSF has engaged in systemic gender-based pay discrimination

2

against its female WNT employees.

3

perpetuated gender-based pay disparities through common policies, practices, and

4

procedures, including but not limited to common compensation policies, common

5

conduct management policies, and centralized decision-making.

6
7

81.

The USSF has caused, contributed to, and

Plaintiffs bring collective claims alleging violations of the Equal Pay Act

of 1963 (“EPA”) pursuant to 29 U.S.C. § 216(b).

8

82.

Plaintiffs seek to be appointed as representatives of the collective.

9

83.

Plaintiffs and the collective are similarly situated in that they are all

10

current or former female WNT employees of the USSF who all have been and/or are

11

being subjected to and adversely affected by the USSF’s common policies and

12

practices of paying them less than male MNT players for substantially the same or

13

similar work.

14

84.

Questions of law and fact common to each Plaintiff and the respective

15

similarly situated current and former employees that she seeks to represent include but

16

are not limited to the following:

17

a.

Whether the USSF has an unlawful common policy or practice of

18

paying members of the collective less than similarly situated male employees for

19

substantially equal or similar work, when viewed as a composite of skill, effort, and

20

responsibility, and performed under similar working conditions.

21

b.

Whether the USSF unlawfully failed and continues to fail to

22

compensate members of the collective at a level commensurate with similarly situated

23

male employees.

24

c.

Whether the USSF has willfully violated the EPA by intentionally,

25

knowingly, and/or deliberately paying female WNT employees less than its male

26

MNT employees for substantially equal or similar work.

27
28

d.

Whether the USSF’s common policy or practice of paying

members of the collective less than similarly situated male employees for substantially
15
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 17 of 25 Page ID #:17

1

equal or similar work can be explained away by any bona fide seniority, merit or

2

incentive system or any other factor other than sex.

3

85.

Counts for violation of the EPA may be brought and maintained as an

4

“opt-in” collective action pursuant to 29 U.S.C. § 216(b) for all claims asserted by

5

Plaintiffs, because their claims are similar to the claims of the similarly situated

6

employees whom they seek to represent.

7

86.

Plaintiffs and the respective employees they seek to represent are (a)

8

similarly situated and (b) subjected to Defendant’s common compensation policies,

9

practices, and procedures and centralized decision-making resulting in unequal pay

10

based on sex by failing to compensate Plaintiffs at a level commensurate with male

11

employees who perform substantially equal or similar work.

12

CLASS ACTION ALLEGATIONS

13

Violation of Title VII of the Civil Rights Act of 1964, as amended,

14

42 U.S.C. §§ 2000e, et seq.

15

87.

Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn each filed a charge of

16

discrimination with the Equal Employment Opportunity Commission (“EEOC”) on

17

March 30, 2016 on behalf of themselves and all similarly situated WNT players

18

alleging the USSF had discriminated against them on the basis of sex.

19

88.

On February 5, 2019, the EEOC issued Plaintiffs Morgan, Lloyd,

20

Rapinoe and Sauerbrunn Notices of Right to Sue, which these Plaintiffs each received

21

on February 11, 2019. True and accurate copies of Plaintiffs Morgan, Lloyd, Rapinoe

22

and Sauerbrunn’s Notices of Right to Sue are attached to this Complaint as Exhibit A.

23
24
25

89.

Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn have exhausted their

administrative remedies and have brought this action in a timely manner.
90.

Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn bring this action as a

26

class action under Rules 23(a), 23(b)(2) and 23(b)(3) of the Federal Rules of Civil

27

Procedure, on behalf of themselves and all others similarly situated.

28
16
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 18 of 25 Page ID #:18

1

91.

Specifically, the class Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn

2

seek to represent is comprised of all current and/or former WNT players who were

3

members of the WNT at any time from February 4, 2015 through the date of final

4

judgment, or the date of the resolution of any appeals therefrom, whichever is later.

5

92.

The Class contains more than fifty (50) individuals, all of whom are

6

readily ascertainable based on the USSF’s payroll records, and is so numerous that

7

joinder of all members is impracticable.

8

93.

Plaintiffs Lloyd, Morgan, Rapinoe and Sauerbrunn’s claims are typical of

9

the claims of the other members of the Class because the USSF’s discriminatory acts

10

of subjecting WNT players to terms and conditions of employment less favorable than

11

MNT players has injured Plaintiffs Lloyd, Morgan, Rapinoe and Sauerbrunn and the

12

members of the Class.

13

94.

Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn and other Class

14

Members sustained damages arising out of the USSF’s common course of conduct in

15

violation of law as complained herein. The injuries and damages of each member of

16

the Class were directly caused by the USSF’s wrongful conduct in violation of laws as

17

alleged herein.

18

95.

Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn will fairly and

19

adequately protect the interests of the members of the Class and have retained counsel

20

competent and experienced in class action litigation.

21

96.

Common questions of law and fact exist as to all members of the Class

22

which predominate over any questions affecting solely individual members of the

23

Class. Among the questions of law and fact common to the Class include:

24

a.

Whether the USSF discriminates against the Class in violation of

25

Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, et seq., as amended by the Civil

26

Rights Act of 1991 (“Title VII”), by subjecting them to different treatment on the

27

basis of their gender, and whether Plaintiffs and the Class have suffered disparate

28
17
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 19 of 25 Page ID #:19

1

impact and/or disparate treatment discrimination as a result of Defendant’s wrongful

2

conduct.
b.

3

Whether there are legitimate, non-discriminatory reasons for this

4

gross disparity of wages and other terms and conditions of employment and whether

5

those reasons are pretext for unlawful gender discrimination.
c.

6

Whether the USSF has willfully violated Title VII by intentionally,

7

knowingly, and/or deliberately subjecting WNT players to terms and conditions of

8

employment less favorable than MNT players.
d.

9

Whether, as a result of the USSF’s ongoing conduct, violation of

10

Title VII, and/or willful discrimination, Plaintiff and similarly situated former and

11

current WNT members have suffered and will continue to suffer harm, including but

12

not limited to lost earnings, lost benefits, and other financial loss, as well as non-

13

economic damages.

14
15
16
17

97.

The USSF’s policies at issue apply uniformly to all members of the

98.

The prosecution of separate actions by individual members of the Class

Class.
would create the risk of:
a.

18

Inconsistent or varying adjudications with respect to individual

19

class members that would establish incompatible standards of conduct for the party

20

opposing the Class; or
b.

21

Adjudications with respect to individual class members that, as a

22

practical matter, would be dispositive of the interests of the other members not parties

23

to the individual adjudications or would substantially impair or impede their abilities

24

to protect their interests.

25

99.

In construing and enforcing their uniform agreements, rules, and

26

practices, and in taking and planning to take the actions described in this Complaint,

27

the USSF has acted or refused to act on grounds that apply generally to each of the

28
18
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 20 of 25 Page ID #:20

1

Plaintiffs, so that final injunctive relief or corresponding declaratory relief would be

2

appropriate for the Class as a whole.

3

100. A class action is superior to other available methods for the fair and

4

efficient adjudication of this controversy because joinder of all Class Members is

5

impracticable. The prosecution of separate actions by individual members of the Class

6

would impose heavy burdens upon the courts and the USSF, and would create a risk

7

of inconsistent or varying adjudications of the questions of law and fact common to

8

the Class. A class action, on the other hand, would achieve substantial economies of

9

time, effort and expense, and would ensure uniformity of decision as to persons

10

similarly situated without sacrificing procedural fairness or bringing about other

11

undesirable results.

12

101. The interest of members of the Class in individually controlling the

13

prosecution of separate actions is theoretical rather than practical. The Class has a

14

high degree of cohesion, and prosecution of the action through representatives would

15

be unobjectionable. The amounts at stake for Class Members, while substantial in the

16

aggregate, are not great enough individually to enable them to maintain separate suits

17

against the USSF. Plaintiffs do not anticipate any difficulty in the management of this

18

action as a class action.

19

CAUSES OF ACTION

20

COUNT I

21

Equal Pay Act

22

(The Fair Labor Standards Act of 1938, as amended by the Equal Pay Act,

23

29 U.S.C. §§ 206 et seq.)

24
25

102. Plaintiffs re-allege and incorporate by reference each and every allegation
contained in the previous paragraphs of this Complaint as if fully set forth herein.

26

103. The USSF has discriminated against Plaintiffs and the collective in

27

violation of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 206 et seq., as

28

amended by the Equal Pay Act of 1963 (“EPA”).
19
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 21 of 25 Page ID #:21

1

104. The USSF has paid Plaintiffs and the collective less than similarly

2

situated male employees performing equal work on jobs the performance of which

3

require equal skill, effort and responsibility and which are performed under similar

4

working conditions.

5

105. The differential in pay between Plaintiffs and the collective on the one

6

hand and similarly situated male employees on the other was and is not due to any

7

bona fide seniority, merit or incentive system or any other factor other than sex, but

8

was because of gender.

9
10

106. The USSF did not act in good faith and created and perpetuated genderbased wage discrimination in violation of the EPA.

11

107. The foregoing conduct constitutes a willful violation of the EPA within

12

the meaning of 29 U.S.C. § 255(a). The three-year statute of limitations applies to the

13

USSF’s EPA violations because the USSF’s EPA violations were and are willful.

14

108. As a result of the USSF’s gender-based discriminatory policies and/or

15

practices as described above, female WNT employees have suffered damages

16

including, but not limited to, lost past and future income, compensation and benefits.

17

109. Plaintiffs request relief as hereinafter described.
PRAYER FOR RELIEF

18
19
20
21

WHEREFORE, Plaintiffs, on behalf of themselves and members of the
collective, pray for relief as follows:
a.

Certify this action as a collective action under the EPA, designate

22

Plaintiffs as the representatives of the collective, promptly issue notice pursuant to 29

23

U.S.C. § 216(b) to all similarly situated members of the collective which (1) apprises

24

them of the pendency of this action and (2) permits them to assert timely EPA claims

25

in this action by filing individual Consent to Join forms pursuant to 29 U.S.C. §

26

216(b); and toll the statute of limitations on the claims of all members of the collective

27

from the date the original Complaint was filed until the collective members are

28
20
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 22 of 25 Page ID #:22

1

provided with reasonable notice of the pendency of this action and a fair opportunity

2

to exercise their right to opt into the lawsuit;

3
4

b.

Back pay (including interest and benefits) for Plaintiffs and the

collective members;

5

c.

Liquidated damages;

6

d.

Pre-judgment and post-judgment interest;

7

e.

Attorneys’ fees and costs to the fullest extent allowed by law; and

8

f.

Such other relief as the Court deems just, necessary and proper.

9

COUNT II

10

Title VII of the Civil Rights Act of 1964, as amended

11

(42 U.S.C. §§ 2000e, et seq.)

12
13
14
15
16
17

110. Plaintiffs re-allege and incorporate by reference each and every allegation
contained in the previous paragraphs of this Complaint as if fully set forth herein.
111. Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn bring this claim on
behalf of themselves and the class they represent.
112. The conduct described herein violates Title VII of the Civil Rights Act of
1964, 42 U.S.C. §§ 2000e, et seq.

18

113. The USSF has and continues to intentionally discriminate against

19

Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn and the class they seek to represent

20

on the basis of gender by maintaining a policy and practice of treating them less

21

favorably than similarly situated male employees with respect to, among other things,

22

pay; playing, training and travel conditions; promotion of games; and support and

23

development for games.

24

114. The USSF’s discriminatory practices described above have denied

25

Plaintiffs Morgan, Lloyd, Rapinoe, Sauerbrunn and the class they seek to represent of

26

compensation and other benefits of employment to which they are entitled, which has

27

resulted in the loss of past and future wages and other job benefits, and have caused

28

these Plaintiffs to suffer emotional distress.
21
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 23 of 25 Page ID #:23

1

115. The USSF acted or failed to act as herein alleged with malice or reckless

2

indifference to the protected rights of Plaintiffs Morgan, Lloyd, Rapinoe, Sauerbrunn

3

and the class they seek to represent. Plaintiffs and the class are thus entitled to

4

punitive damages.

5

116. Plaintiffs request relief as hereinafter described.
PRAYER FOR RELIEF

6
7
8

WHEREFORE, Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn, on behalf
of themselves and the class they seek to represent, pray for relief as follows:

9

a.

Certify this action as a class action under Title VII, designate

10

Plaintiffs Morgan, Lloyd, Rapinoe and Sauerbrunn as the representatives of the

11

proposed class, and their counsel of record as Class Counsel;

12

b.

All damages that the individual Plaintiffs and the class have

13

sustained as a result of the USSF’s unlawful conduct including, but not limited to,

14

back pay, front pay, general and special damages for lost compensation and job

15

benefits that they would have received but for the discriminatory practices of the

16

USSF;

17
18

c.

Exemplary and punitive damages in an amount commensurate with

the USSF’s ability to pay and to deter future discriminatory conduct;

19

d.

A preliminary and permanent injunction against the USSF and its

20

directors, officers, agents, employees, representatives, and any and all persons acting

21

in concert with them, from engaging in each of the unlawful policies and practices set

22

forth herein;

23
24
25

e.

A declaratory judgment that the practices complained of in this

Complaint are unlawful and violate 42 U.S.C. § 2000e, et seq.;
f.

An adjustment of the wage rates and benefits for Plaintiffs

26

Morgan, Lloyd, Rapinoe and Sauerbrunn and the class to the level these Plaintiffs and

27

the class would be enjoying but for the USSF’s discriminatory practices;

28
22
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 24 of 25 Page ID #:24

1
2

g.

Costs incurred, including reasonable attorneys’ fees, to the extent

allowable by law;

3

h.

Pre-judgment and post-judgment interest, as provided by law; and

4

i.

Such other relief as the Court deems just, necessary and proper.

5
6
7
8
9
10

Dated: March 8, 2019

WINSTON & STRAWN LLP
By: /s/ Diana Hughes Leiden
Jeffrey L. Kessler
David G. Feher
Cardelle B. Spangler
Diana Hughes Leiden
Jeanifer E. Parsigian
Attorneys for Plaintiffs

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
23
COMPLAINT

 Case 2:19-cv-01717 Document 1 Filed 03/08/19 Page 25 of 25 Page ID #:25

DEMAND FOR JURY TRIAL

1
2
3

Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiffs demand a trial by
jury on all issues so triable.

4
5
6
7
8
9
10

Dated: March 8, 2019

WINSTON & STRAWN LLP
By: /s/ Diana Hughes Leiden
Jeffrey L. Kessler
David G. Feher
Cardelle B. Spangler
Diana Hughes Leiden
Jeanifer E. Parsigian
Attorneys for Plaintiffs

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24
COMPLAINT