Landmark CAS ruling on pregnancy discrimination — 5 lessons for women’s football

The recent decision by the Court of Arbitration for Sport (CAS) in favour of Swedish footballer Maja Göthberg is a significant ruling for women’s football and for the practical enforcement of maternity protections in sport.

Here, Isobel Netherwood explores the background to the case, why the ruling matters for maternity protections in women’s football and the key lessons for football clubs and sporting organisations.

Background to the Göthberg v Lazio case

The case concerned Göthberg’s proposed new contract with Lazio Women following the club’s promotion to the Italian top flight at the end of the 2023/24 season. Although the final contract had not been signed, CAS found that the parties had agreed the essential terms of a binding employment relationship before Göthberg disclosed that she was pregnant. Shortly after that disclosure, the relationship broke down and Lazio didn’t proceed with the agreement.

Göthberg initially lost before FIFA’s Dispute Resolution Chamber but successfully appealed to CAS. The evidence before CAS included communications exchanged during the negotiations, for example WhatsApp messages that were important in demonstrating Lazio’s knowledge of the pregnancy and the existence of agreed contractual terms. CAS ordered Lazio to pay salary compensation and a further sum in respect of the unauthorised disclosure of pregnancy-related medical information to teammates.

The decision is notable because it is understood to be the first CAS case in which a club has been found to have unlawfully ended an employment relationship because of a player’s pregnancy. Importantly, CAS reached that conclusion even though a final written contract hadn’t been signed. That makes the ruling particularly relevant to the often-fluid reality of football negotiations, where clubs and players may agree key terms before formal paperwork is completed.

Why this CAS decision matters for maternity protections

The ruling gives real force to FIFA’s maternity framework. Since 2020, FIFA has introduced and expanded protections for female players and coaches, including minimum maternity leave, pay protections, the right for a pregnant player to continue playing and training where safe to do so, the right to alternative work where playing or training isn’t safe, breastfeeding support, protections relating to pregnancy-related medical complications and, more recently, adoption and family leave rights, to name a few.

FIFA’s July 2024 overview of its regulatory framework describes these measures as part of a wider effort to modernise football’s rules so that pregnancy, maternity and family life aren’t treated as incompatible with a professional career in the game. The Göthberg decision shows that those protections are capable of being enforced in practice, rather than existing only as policy statements.

It also reinforces two broader points. Firstly, clubs can’t avoid maternity protections simply because the final version of a contract hasn’t yet been signed, where the evidence shows that a binding employment relationship had already been created. Secondly, pregnancy-related information is sensitive medical information and must be handled carefully, confidentially and only on a proper basis.

Lazio’s response & reputational considerations

Lazio’s public response to the ruling was met with criticism from supporters and commentators. While the club sought to emphasise that no additional sporting sanctions had been imposed and that the facts were “exceptional and highly specific”, many viewed the statement as failing to grapple with the substance of the decision. The key point wasn’t the absence of further sanctions but CAS’s finding that the employment relationship had been unlawfully ended by the club in connection with Göthberg’s pregnancy.

For clubs and sporting organisations, the wider reputational message is important. In cases involving discrimination, maternity protection or player welfare, a response that relies too heavily on technical arguments can risk appearing dismissive of the underlying issue. A more constructive approach is usually to recognise the seriousness of the finding, set out any steps being taken in response and show a clear commitment to learning from what has happened.

Five key lessons for clubs & sporting organisations

1. Clubs shouldn’t assume that the absence of a signed contract means that there are no legal obligations. Where essential terms have been agreed and the parties’ conduct points to a binding employment relationship, withdrawing from negotiations may still give rise to legal risk, particularly once pregnancy or maternity rights are engaged.
2. Pregnancy mustn’t be treated as a reason to withdraw opportunities, end negotiations or alter contractual treatment.
3. Pregnancy-related information should be treated as confidential medical information and shared only where there’s a clear, lawful and necessary basis to do so.
4. Clubs should ensure that decision-makers understand FIFA’s maternity framework and how it interacts with domestic employment and equality laws.
5. Public communications after disputes of this nature should be handled with care, empathy and an awareness of the wider message being sent to players, staff and supporters.

Talk to us

This decision is an important reminder that player welfare, employment rights and governance standards are increasingly central to the development of women’s sport.

We’re well placed to support clubs, governing bodies, athletes and organisations in navigating the legal, regulatory and reputational issues arising from cases of this nature:

• Employment — advising on player contracts, maternity and family leave protections and policies, equality and discrimination risks, data and confidentiality obligations around medical information and the interaction between club policies, domestic employment law and  regulatory requirements.
• Sports — supporting with regulatory compliance, governance frameworks, player welfare policies, safeguarding culture and best practice across women’s sport.
• Litigation — assisting with the resolution of disputes arising from contract negotiations, including through early strategic advice, settlement discussions and formal proceedings where required, as well as advising on reputational matters and defamation risks where public statements or wider media scrutiny are involved.

If you’d like to discuss what this ruling may mean for your organisation, please get in touch by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form.