Pay Women Athletes the Compensation They’re Due

As we continue to push for gender equality in sports, NIL payments are a significant milestone, providing female athletes the opportunity to exponentially grow their brand and their sport.

A Caitlin Clark Gatorade ad on display at the J.W. Marriott Hotel after the Washington Mystics at Indiana Fever game on July 10, 2024, in Indianapolis. (Brian Spurlock / Icon Sportswire via Getty Images)

The fight for gender equality in sports remains a long, arduous journey. As former athletes and now advocates for women and girls, we have personally experienced the sexism that continues to persist in sports. The retroactive NIL (name, image and likeness) payments for former and current athletes included in the pending NCAA legal settlement would represent a new chapter in this battle by offering female athletes a chance to finally be compensated for their contributions to their sports and the universities they represented. 

While we come from different sporting backgrounds—Division I soccer and professional waterskiing—we have both experienced the inequality and gender discrimination synonymous with women’s sports: chiefly, less recognition and appreciation, no matter what we accomplished.

The variety of sacrifices female athletes make … underscores the importance of NIL opportunities that allow them to market themselves and network in ways that were previously difficult or outright banned.

As a former Division I athlete for the Virginia Tech Women’s Soccer team, Emma felt the disappointment of missing out on NIL opportunities during her college years. It was not just about the financial gains; it was about the missed chance to gain recognition and respect for the sport she and her teammates poured their hearts into.

And having been a nationally ranked college and professional water skier, Michelle understands the dedication and sacrifices it takes to reach the pinnacle of athletic performance. She also knows the sting of inequality from standing on the podium at professional events, only to receive a fraction of the prize money awarded to her male counterparts.

Now, NIL opportunities are providing female athletes the opportunity to exponentially grow their brand and their sport. These opportunities are not just about financial compensation but about validating the hard work, dedication and talent of sportswomen across the country.

The opportunity to engage with brands as young athletes can be life-changing, opening doors to financial opportunities that were previously unimaginable. Athletes at the highest collegiate levels of their sport endure rigorous training schedules often akin to what’s required in professional sports, without any of the compensation. The variety of sacrifices female athletes make—just like their male counterparts—underscores the importance of NIL opportunities that now allow them to market themselves and network in ways that were previously difficult or outright banned.

The doors opened through NIL opportunities are exemplified by athletes like Caitlin Clark, who has strategically leveraged brand deals to not only boost her own credibility but also raise the attention and viewership of women’s basketball overall. Through endorsements from major brands like Gatorade and Nike, Clark has shown how NIL can be a powerful tool for elevating women’s sports.

While Title IX requires schools to spend equal promotional resources on men’s and women’s sports, we know that has not happened in many contexts—leading to less attention, viewership and financial opportunity for women’s sports and women athletes.

One way we continue this fight is by seeking back pay for female college athletes who were denied the opportunity to capitalize on their name recognition and visibility prior to the new NIL rules. Under the pending NCAA settlement, Division I schools and conferences would help fund $2.8 billion that is owed to thousands of former and current student-athletes over a 10-year window. While this is a step forward, the current settlement under-compensates women’s NIL payments because they are allocated based on historic sports revenues. Nearly all women aside from a few select basketball players would be paid around $125, while thousands of male football players and basketball players would be paid over $100,000. 

South Carolina Gamecocks head coach Dawn Staley at an event to celebrate the 2023-2024 University of South Carolina Gamecocks Women’s Basketball NCAA championship team in the East Room at the White House on Sept. 10, 2024 in Washington, DC. The Gamecocks ended their season undefeated. (Andrew Harnik / Getty Images)

These unfair payments are based on men’s sports’ revenue that has benefited from a long history of discriminatory practices. While Title IX requires schools to spend equal promotional resources on men’s and women’s sports, we know that has not happened in many contexts, leading to less attention, viewership and financial opportunity for women’s sports and women athletes. For the retroactive payments to be fair and for this settlement to be a true turning point in the way all athletes are treated, these women deserve far higher payments that are in line with Title IX and illustrate their capabilities when properly promoted. Many former athletes missed out on the benefits of the new NCAA NIL rules, but we hope that through our legal expertise and these back pay settlements, we can help them recover compensation and recognition for their hard work, dedication and talent.

While it’s heartening to see women’s sports gaining more national attention and recognition, the fight is far from over. As we continue to push for gender equality in sports, NIL payments are a significant milestone. By addressing the injustices of the past and ensuring that female athletes have the same opportunities as male athletes, we can work toward a future where all athletes are rewarded for their contributions to their sports, regardless of gender.

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About and

Michelle Simpson Tuegel is the founding partner of The Simpson Tuegel Law Firm, a women-centered law firm that champions the rights of women and girls. She has represented survivors of sexual abuse in cases such as the Larry Nassar litigation against Michigan State University, USA Gymnastics and the U.S. Olympic Committee, sexual assault survivors at the University of Southern California and University of Michigan, and female students in Title IX lawsuits around the country.
Emma Steigerwald Emma Steigerwald is a paralegal and intake coordinator at The Simpson Tuegel Law Firm, where she serves as the first point of contact for potential clients, helping them begin their journey to justice. She is a former D1 athlete for the Virginia Tech Women's Soccer team between the years 2018-2022.