Basically none of this is correct. Legally, you can use past performance to justify a contract for pay going forward. You can give a higher base pay to someone based on past performance. That's common. You can have two different people in the same position negotiate different pay structures. That's probably less common, but probably not unheard of.
Legally, you can use past performance to justify higher base pay? No kidding. So why did it take so long for the past performance of the women, which has exceeded that of the men for literally the entire existence of women’s soccer, to catch up to the men? Why does a team that didn’t even make the World Cup get a much higher pay ceiling based on “past performance”? There are arguments to be made there. And going back 4-5 years to say those financial figures are what sets the current market rate is not likely to hold water. You have to do quite a bit of gerrymandering of both on-field performance and revenue numbers to create a scenario where the men deserve almost 3 times as much (on a per-game basis) than the women prior to the latest women’s contract, and still more now although the gap has closed. Overall, the number of organizations in the country that have common employees with different union agreements based strictly on sex is microscopically small, so acting like this is just some open and shut discrimination case with all sorts of prior precedent is categorically false.
Just a guess, but I would bet this was done in part to favor the women. In the past, it probably helped protect the women getting a decent share of revenue to not segregate it.
Should have stopped at “just a guess”, because you have no idea. 3+ years of higher game sales revenue indicates that TV and sponsor revenue is quite possibly (and perhaps even likely) pretty equal between the men’s and women’s teams over that period. Saying that the men come out way ahead in how much they generate is purely speculation, based on no facts whatsoever. This is especially true of the sponsorships, which are only going to be even more through the roof for the women after another title.
This is false. Whether revenue numbers favor the men or women depend on which time period you look over.
Again, they only favor the men if you go back 4-5 years and ignore the most recent data, which is a preposterous way to set the going rate for any salaried position. Completely ignoring revenue growth over the most recent time period.....try buying a stock or completing any business deal whatsoever with that mindset. You’ll get laughed out of the room. But if USSF wants to make that argument, they are free to do so, I suppose.
This is also incorrect, both on who bears the burden and what the burden is.
USSF is the defendant in the suit. Should it go to trial, they will be asked, under oath, to provide the revenue and performance basis for the men’s compensation figures. If they have solid data showing sound judgment used in setting the compensation, the suit will likely get dismissed. If they can’t justify it, there is a good chance the WNT wins the suit. If they choose not to answer any questions about it, that’s gonna be a real bad look when all the recent data shows the women can financially hold their own in the measurable areas. If they know they are on shaky ground here from the get go, they will likely settle and everyone walks away. But there is zero chance they don’t get that question in a trial. Therefore, they absolutely have that burden on them IF it goes to trial.