Pregnancy Discrimination: A Three-Time All-Star’s Fight for Motherhood in the WNBA
By Hannah R. Brefeld
It is no secret that in recent years, there has been a push toward greater gender equity in sports. Organizations like the NBA, the WNBA, the NCAA, and other professional and collegiate athletic leagues, have worked to boost women and girl’s participation in sport, gain media visibility, and improve opportunities for sponsorships, salaries, and benefits. As a result, the current state of women’s collegiate and professional competition is more attractive than ever. Yet, there are still shortcomings with how leagues, coaches, and even fellow teammates treat women contemplating or facing motherhood as a professional athlete. For professional women, especially athletes, the intersection of peak career performance and prime childbearing years raises concerns about workplace support and acceptance. These concerns can be exacerbated for professional women athletes if their teammates and coaches are not understanding of their decision to pursue motherhood, as highlighted in Hamby v. WNBA, et al.[1]
Dearica Hamby, a WNBA Champion, three-time WNBA All-Star, and two-time WNBA Sixth Woman of the Year, filed a federal discrimination complaint against the WNBA and the Las Vegas Aces for sex discrimination based on pregnancy on August 12, 2024. In the complaint, Hamby alleges that the Aces traded her to an inferior team less than one week after her coach expressed concerns about her pregnancy and remaining on the roster postpartum, amongst other claims.
The Complaint notes Hamby signed a two-year contract extension with the team at the end of June 2022. About three weeks later, on July 18, 2022, she learned she was pregnant with her second child. On August 6, 2022, Hamby shared her news with the head coach of the Aces, Becky Hammon, and other members of the Aces’ coaching staff. Hamby continued to play throughout the rest of the season and impressively competed in the 2022 WNBA finals in September 2022. After the Aces secured the title, Hamby shared with fans first at the victory parade and later on social media her exciting news of her pregnancy. Following her announcement, Hamby recognized a shift in her teammates’ and coaches’ behavior toward her. There was a delay in payment for her daughter’s school – a benefit promised to Hamby in her contract extension – and she was removed from her team-provided housing, of which were protections secured under the WNBA’s 2020 collective bargaining agreement and promised by the Aces’ coaching staff.
Hamby further alleges that in January 2023, she had a disturbing phone call with Hammon regarding the 2023 season. During the conversation, Hammon questioned Hamby’s commitment to the Aces; insinuated Hamby would not be on the roster; accused Hamby of not being ready for the next season; and claimed Hamby knew she was pregnant at the time she executed her two-year extension. All accusations Hamby denied. Hamby point blank asked Hammon if she was trading her because she was pregnant. Hammon responded with “what do you want me to do?” Even worse, Hammon stated the coaching staff believed Hamby would be pregnant again with her third child implying Hamby’s pursuit of motherhood and additional children was a predictable issue for the organization.
Tellingly, less than a week after the phone call, the Aces traded Hamby to the Los Angeles Sparks – a team viewed as less prestigious than the Aces, who would go onto win the WNBA Championship again in 2023.
Despite the unfair trade and the circumstances surrounding it, Hamby arrived on-time to the Sparks training camp in April 2023, only one month after giving birth to her son in March 2023. As an LA Spark, Hamby played in all 40 regular season games but the team lacked the prestige of the recent WNBA Champions, the Aces, and lacked opportunity for brand sponsorship. Hamby alleges she was deprived of her second title as a result of the sex discrimination she endured at the hands of the Aces. As a result, Hamby’s lawsuit requested emotional distress damages, punitive damages, and asked the court for damages “for the sake of example, to deter other employers from engaging in such conduct.”[2] A clear indicator that Hamby believed her suit would be a warning to other league coaches looking to treat their players in the same unlawful fashion as the Aces treated her.
On May 6, 2025, U.S. District Judge Andrew P. Gordon partially dismissed Hamby’s retaliation claims against the Aces and totally dismissed the WNBA from her complaint as she did not sufficiently plead retaliation.[3] On June 2, 2025, Hamby amended her complaint to strengthen her retaliation claims against the Aces.[4] The discrimination allegations against the Aces will now proceed to the fact discovery phase.
Title VII protects pregnant people from discrimination as it relates to pregnancy, childbirth, and related medical conditions in the workplace. In the past years, many leagues have expanded the opportunities for professional athlete mothers to ensure having a child did not trigger the end of their career. Although Hamby’s lawsuit highlights one alleged instance of pregnancy discrimination of women athletes, the WNBA has taken small steps in the right direction. The 2020 collective bargaining agreement, for the first time in WNBA’s 27 years, allowed progressive benefits for pregnant people and mothers competing in the league. Specifically, the CBA provides benefits related to motherhood and family planning, such as reimbursement for adoption, surrogacy, egg freezing or egg fertility treatment expenses, and, perhaps most notably, fully paid maternity leave – a benefit not offered by the WNBA to players prior to 2020. Hamby’s lawsuit underscores the need for continued progress and should encourage the WNBA and other workplaces to continue exploring pregnancy-related benefits and accommodations to further discourage discrimination.
Pregnancy is not a disability, and it is the athlete – not the coach or her employer – who should determine how pregnancy and motherhood fits into their career. When decisionmakers unilaterally act on outdated assumptions about motherhood, they harm not only the individual but also damage team culture and organizational integrity. The WNBA, other professional athletic leagues, and employers nationwide must prioritize creating a supportive environment for women to explore options for motherhood without compromising their careers or professional opportunities.
[1] Compl., Hamby v. WNBA, LLC, et al., 2024 WL 3794865 (D. Nev.).
[2] Compl. ¶ 78.
[3] Hamby v WNBA, LLC, et al., 2025 WL 1331494 (D. Nev. May 6, 2025).
[4] First Amended Compl., Hamby v. WNBA, LLC, et al., 2:24-CV-01474 (D. Nev. June 2, 2025).
