Bloomberg Law
Dec. 13, 2021, 6:24 PMUpdated: Dec. 13, 2021, 9:56 PM

U.S. Women’s Soccer Team Says Total Pay Is Wrong Bias Test (2)

Patrick Dorrian
Patrick Dorrian

The U.S. women’s soccer team’s landmark pay discrimination lawsuit should be revived, because a federal judge in Los Angeles used the wrong standard when he compared their total compensation to the U.S. men’s team, the women told a San Francisco-based federal appeals court Monday.

Total pay is the incorrect test under the Equal Pay Act, the team said in the reply brief on appeal, pointing to a recent decision by the U.S. Court of Appeals for the Fourth Circuit.

In Sempowich v. Tactile Systems Technology Inc., the Fourth Circuit held that the equal pay under the federal statute is ...