Abstract
Collegiate student-athletes are increasingly viewed as employees by scholars, judges, and the market, though not yet by colleges or Congress. As stakeholders press Congress to clarify, universities must balance NLRA labor rights for athletes who likely meet the employee test with Title IX obligations tied to federal funding; neither can be sacrificed. This Essay traces gender discrimination that constrained women’s sports; explains why many athletes satisfy the NLRA employee test; and underscores Title IX’s central role in women’s equal participation. It shows how recognizing athletes as employees would modify the Title IX analysis and create tension between collective bargaining and Title IX mandates. It then analyzes the House Settlement—$2.6 billion in backpay, a $20.5 million annual direct-pay model, and roster limits—which would concentrate dollars in men’s football and basketball, entrench disparities, and expand opportunity gaps into boundless economic gaps that violate Title IX without safeguards. Those distributions risk the downstream disparities in scholarships, participation, and treatment that Title IX scrutinizes. Neither unions nor schools can contract around civil rights conditions tied to federal funding; proactive compliance architecture, transparency, and agency engagement are essential. To operationalize equity, this Essay proposes a 50-40-10 model for revenue sharing: 50 percent by team revenue, 40 percent equal per-athlete base pay, and 10 percent objective, non-revenue-based performance bonuses. A case study shows the model rewards market value, preserves incentives to win, mitigates sex-based impact, adapts to institutional context, aligns labor priorities with civil rights compliance, and stabilizes programs amid rapid NCAA change. It also addresses counterarguments.
Recommended Citation
Delaney Sniffen & Kirk Wolff,
A Level Playing Field: Title IX, The House Settlement, and a Sustainable Solution for College Athletics,
130
Dick. L. Rev.
975
(2025).
Available at:
https://insight.dickinsonlaw.psu.edu/dlr/vol130/iss3/7