Yahoo News Equal pay lawsuit: Firm that filed sexist legal strategy for US Soccer officially off the case
The law firm working for U.S. Soccer that filed a sexist argument last month has asked to withdraw from representing the federation in the gender discrimination lawsuit filed by the U.S. women’s national team. It officially hands over the federation’s legal argument against the USWNT to new hands as the suit charges forward.
U.S. Soccer law firm withdraws
Seyfarth Shaw filed papers March 9 that argued the women were performing less-than-equal work than the men because they have less “ability” or “skill.” It was widely criticized as sexist and led to the resignation of U.S. Soccer president Carlos Cordeiro. The federation backed off the legal strategy within the week.
U.S. Soccer admitted “error” in the strategy and had already announced it would no longer use the argument in its case.
Seyfarth’s Kristen M. Peters filed a request to withdraw on Wednesday night on behalf of the nine-person legal team, per the Associated Press. Both sides filed a join stipulation with the court Wednesday night and the case is now fully in the folder of Lathan & Watkins.
The previous comments of U.S. Soccer president Cindy Parlow Cone, a USWNT player on the iconic 99ers team, were officially entered into the record.
“The parties have conferred and defendant has clarified that it is no longer relying on the specific argument that the work of WNT players does not require ‘equal skill, effort and responsibility' to that of MNT players in its motion for summary judgment or in opposition to plaintiffs’ motion for partial summary judgment,” they said.
US Soccer’s chief legal officer Lydia Wahlke is also on leave.
US Soccer’s new legal counsel
Lawyers for Lathan & Watkins officially joined the case on March 16 and took over the filings, as announced by Cordeiro in an apology before his resignation.
The firm counts former federation president Alan Rothenberg as a retired partner. And the firm defended U.S. Soccer before in the wage discrimination complaint filed by the players in 2016 with the Equal Employment Opportunity Commission.
Five players filed the complaint and the EEOC spoke with players to begin investigating within six months. But it languished there for years with no movement. The players asked them to officially end the investigation and grant them permission to pursue other legal remedies.
That happened in February 2019 with a “right to sue” letter, leading to the current lawsuit filed in March of that year.
What now in the equal pay case?
The USWNT is seeking $67 million in back pay in the suit. The issue is scheduled to go to trial in May, though it would likely be rescheduled due to the coronavirus pandemic. If it goes to trial, Megan Rapinoe, Alex Morgan, Carli Lloyd, Christen Press and Becky Sauerbrunn could be witnesses.
Parlow Cone said she would prefer to reach a settlement with the players rather than go to trial, calling it “one of our top priorities right now.”
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