Female Athletes Challenge Groundbreaking NCAA Settlement: Asserting Their Rights Under Federal Antidiscrimination Law

Eight female athletes have appealed a recent NCAA antitrust settlement. They argue that the settlement unfairly affects their chances of receiving a portion of $2.7 billion meant for athletes who were restricted from earning money from their name, image, and likeness.

U.S. District Judge Claudia Wilken approved the settlement last week. This allows universities to make direct payments to athletes and signals a shift away from the NCAA’s amateurism model. The athletes appealing this decision come from various sports, including soccer, volleyball, and track. Among them are Kacie Breeding from Vanderbilt and several athletes from the College of Charleston.

Attorney Ashlyn Hare, representing the athletes, claimed that the settlement violates Title IX, which prevents sex-based discrimination in education. She argued that it wrongly calculates past damages, which could deny female athletes $1.1 billion. “This settlement could harm women’s sports irreparably,” she stated.

The law firm involved in the original settlement explained that this appeal could delay payments to hundreds of thousands of athletes for several months. They defended the settlement, saying that Judge Wilken addressed the Title IX issues raised multiple times.

Critics like Hare believe the settlement primarily benefits male-dominated sports like football and basketball. According to her, this means female athletes may not see equitable financial support. She pointed out that efforts to change Title IX to exempt revenue-generating sports have been rejected by Congress.

The appeal has been filed by Hutchinson Black and Cook, a law firm based in Boulder, Colorado, and will be reviewed by the U.S. Court of Appeals for the Ninth Circuit.

Historically, women’s sports have faced funding disparities, with significant strides made only in recent decades. According to a Women’s Sports Foundation report, girls today have more opportunities, but the funding gap remains wide. The current situation draws attention to these ongoing challenges.

For updates on college sports, visit AP College Sports.

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