Last month, Los Angeles Sparks star Dearica Hamby took legal action against the WNBA and the franchise she spent the majority of her professional basketball career with, the Las Vegas Aces.
Hamby, drafted in the first round by the San Antonio Stars, submitted documentation to the US District Court in Nevada on August 12. The Stars moved to Las Vegas for the 2018 season and changed their name. in Aces.
The complaint states three times WNBA All-Star faced “acts of intimidation, discrimination and retaliation” that led to and after she was sold to Sparks in 2023. Hamby was pregnant at the time. Almost a month later, the WNBA and Aces filed a motion to dismiss Hamby’s federal lawsuit.
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LA Sparks forward Dearica Hamby (5) is introduced before the game against the New York Liberty at Crypto.com Arena in Los Angeles on August 28, 2024. (Kirby Lee/USA Today Sports)
The league said Hamby had no right to sue the WNBA for not working.
An investigation into Hamby’s discrimination claims was launched in 2023. Aces coach Becky Hammon received a two-game suspension as a result of the investigation. The franchise also waived its first-round draft pick. But Hamby’s attorney argued the league’s response to the situation was inadequate.
“The WNBA, at its core, workplace, and federal laws have long protected pregnant women from discrimination on the job. World champion Aces fired Dearica Hamby for being pregnant, and the WNBA responded with a tap on the wrist,” Dana Sniegocki, Erin Norgaard and Artur Davis from HKM Employment Attorneys said in a statement released after the lawsuit was filed.
Dearica Hamby of the Los Angeles Sparks prepares to shoot a free throw against the New York Liberty June 20, 2024, in Brooklyn, NY (Catalina Fragoso/NBAE via Getty Images)
However, the WNBA has now disputed Hamby’s claim that the league failed to properly investigate the allegations. The league also argued that the failure to extend Hamby’s marketing agreement with the WNBA was a form of retaliation. The league cited the nine-month gap between his complaint and the expiration of his contract as evidence of a lack of cause.
Meanwhile, Aces asserted in the motion that Hamby failed to provide evidence of retaliation or discrimination.
WNBA CHAMPION DEARICA HAMBY FILES FEDERAL LAWSUIT AGAINST LEAGUE, ACES ALLEGING DISCRIMINATION
“Hamby’s complaint alleges that Aces changed her contractual rights because she was pregnant and retaliated against her after she made a social media post about pregnancy discrimination,” the club said. “Hamby’s false allegations against Aces do not state a viable claim for relief.”
Dearica Hamby of the Las Vegas Aces takes a photo with the trophy after Game 4 of the 2022 WNBA Finals Sept. 18, 2022, at Mohegan Sun Arena in Uncasville, Conn. (Chris Marion/NBAE via Getty Images)
Hammon addressed the lawsuit Aug. 18 during a news conference after the Aces’ win over the Sparks.
“I’ve been in the WNBA or the NBA now for 25 years,” Hammon said at the time. “I’ve never had an HR complaint. Never, not once. I still don’t, actually, because Dearica didn’t file anything. She didn’t file with the players’ union. She didn’t file with the WNBA. That’s a fact.
“It’s also factual that no one called about trading him until Atlanta called us in January (2023). That’s a fact. So … it just didn’t happen.”
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Hamby is a two-time WNBA Sixth Woman of the Year and a member of the Aces’ 2022 WNBA championship team.
The Associated Press contributed to this report.
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