Changing the Game: Hamby and the Fight for Pregnant Athletes
By Hannah R. Brefeld
Sometimes, the purpose of a lawsuits isn’t financial recovery. Sometimes a plaintiff may file suit to spark public interest, to prompt institutional change, or simply to obtain an apology where none was given. Whatever the motivation, the overarching goal can eclipse personal interest entirely. In Dearica Hamby’s lawsuit against the WNBA and the Las Vegas Aces, her public statements made clear that the fight was always about something much bigger than herself.[1] After filing the federal lawsuit, Hamby’s attorneys stated:
The world champion Aces exiled Dearica Hamby for becoming pregnant and the WNBA responded with a light tap on the wrist. Every potential mother in the league is now on notice that childbirth could change their career prospects overnight. That can’t be right in one of the most prosperous and dynamic women’s professional sports leagues in America.[2]
The lawsuit detailed allegations of pregnancy-based sex discrimination, asserting that the Aces traded Hamby to an inferior team – the Los Angeles Sparks – less than one week after her coach expressed concerns about her pregnancy and commitment to remaining on the team, among other claims (click here for more details on the allegations). At its core, Hamby’s complaint sought to ensure that players would no longer have to choose between a WNBA career and a family.
The lawsuit was recently dismissed by mutual agreement between Hamby and the remaining defendant, the Aces. While the precise reason for dismissal remains unconfirmed, it is likely that the parties reached a confidential settlement. Regardless of the outcome of Hamby’s lawsuit, Hamby’s action ignited a broader conversation about how professional sport organizations support (or fail to support) athletes who are pregnant or are planning families.
Hamby’s lawsuit not only captured national attention but also challenged the norms that players in the WNBA were forced to accept under the previous 2020 Collective Bargaining Agreement (the “2020 CBA”). Importantly, the lawsuit preceded league negotiations for the 2026 CBA, which concluded in March 2026. The resulting 2026 CBA introduced some exciting new clauses,[3] and significant new provisions for players, spanning from meaningful revenue sharing to transparency in officiating.[4]
Notably, under the Pregnancy No-Trade clause, which is referred to as the “Hamby Clause,” as an affectionate nod to Hamby’s brave efforts, teams now must receive consent from pregnant players before trading them to a different team. The WNBA is sending a message: pregnancy is not grounds for sidelining or penalizing an athlete.
The Hamby Clause provides meaningful job stability during a uniquely vulnerable time. Pregnancy presents both physical and emotional demands, and the prospect of relocation – requiring adjustment to a new city, coaching staff, and team dynamic – can impose significant additional strain on the player and the pregnancy. Protections of this nature are exceedingly rare, particularly in professional sports, where employer discretion has historically been broad. Male professional sports organizations have not confronted the issue in any comparable way. Notably, no comparable issue has arisen in men’s professional leagues, underscoring the distinct challenges faced by female athletes.
The Hamby Clause stands as a direct response to Hamby’s lawsuit and reflects the broader impact of individual advocacy. By asserting her rights, Hamby advanced not only her own interests but also those of future players navigating the intersection of professional athletics and family life.
Following the ratification of the 2026 CBA, the WNBA described the agreement as “transformational” and “bigger than basketball.”[5] For many athletes, what they experience in their sport is bigger than basketball. Broadly speaking, employment relationships and environments impact countless personal decisions, particularly in careers that place extraordinary physical demands on the body. The freedom to pursue family life while competing in the WNBA without professional consequence, a right long afforded to male professional athletes, will stand as one of Hamby’s most defining contributions.
[1] Mark Anderson, Sparks’ Dearica Hamby Files Federal Lawsuit Against Aces, WNBA, L.A. Times (Aug. 12, 2024), https://www.latimes.com/sports/sparks/story/2024-08-12/dearica-hamby-lawsuit-las-vegas-aces-wnba-alleging-discrimination-retaliation
[2] Id.
[3] Michael Voepel, WNBA’s CBA: 10 Biggest Wins from New Agreement, ESPN (Mar. 26, 2026), https://www.espn.com/wnba/story/_/id/48316853/wnba-cba-collective-bargaining-agreement-2026-biggest-wins
[4] Id.
[5] Kylie Cheung, After Putting Dearica Hamby Through the Wringer, the WNBA’s New CBA Includes a Pregnancy Clause, Jezebel (Mar. 23, 2026), https://www.jezebel.com/after-putting-dearica-hamby-through-the-wringer-the-wnbas-new-cba-includes-a-pregnancy-clause
This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Associate Hannah R. Brefeld who counsels clients on employment, contract claims, dispute resolution and litigation, and entertainment and media law. Ms. Brefeld is admitted to practice law in Michigan and New York.