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Tuesday, September 17, 2024

Dearica Hamby Files Discrimination Lawsuit Against Aces, WNBA

  • The L.A. Sparks forward says her former team treated her differently because of her pregnancy.
  • She also claims the league did not sufficiently punish Las Vegas or compensate her.
Jul 30, 2024; Paris, France; United States player Dearica Hamby (5) reacts in the women’s pool basketball 3x3 game during the Paris 2024 Olympic Summer Games at La Concorde 1.
Yukihito Taguchi-USA TODAY Sports

Los Angeles Sparks forward Dearica Hamby filed a federal lawsuit Monday in Nevada against the WNBA and her former team, the Las Vegas Aces.

The 18-page suit doubles down on Hamby’s previous claims that her former employer discriminated against her because she was pregnant, which included trading her to Los Angeles.

Hamby signed a contract extension in 2022 with the Las Vegas Aces, the only team she’d played for since they drafted her in 2015, when they were known as the San Antonio Stars. Included in the deal, the suit says, were agreements to pay for Hamby’s daughter’s private school tuition as a “donation” to the school, and to allow her to live in team-provided housing. The deal was announced June 29, and on or around July 18, according to the suit, Hamby found out she was pregnant again.

After winning the 2022 WNBA championship that September and publicly announcing her pregnancy, Hamby “experienced notable changes in the way she was treated by Las Vegas Aces staff,” the suit says. The filing says the team wouldn’t pay the school tuition and told her to move out of team housing, without giving a reason for either.

The suit also details a phone conversation on or around Jan. 15, 2023, between Hamby and head coach Becky Hammon. The filing says Hammon told Hamby she did not take the proper precautions to avoid pregnancy, accused her of signing her extension knowing she was pregnant, said the team “needed bodies,” called her a “question mark” for the upcoming season, and didn’t take her offseason training seriously. The suit claims Hamby twice asked Hammon, “You’re trading me because I’m pregnant?” to which Hammon responded, “What do you want me to do?” The filing also says Hammon told Hamby the Aces staff believed the player would get pregnant a third time.

The suit claims the team told players and staff to no longer speak with Hamby after the trade, and that the general manager said on a radio show that she knew about the pregnancy a month before Hamby found out, attempted to get access to her medical records after she left the team, didn’t invite her to the White House ceremony, and told video personnel not to show Hamby’s daughter on the big screen (including immediately cutting away when she was accidentally shown). The exact amount Hamby is seeking in damages Hamby is not specified in the filing.

The Sparks announced their trade for Hamby on Jan. 21, 2023. That day, the player took to social media saying she was “heartbroken” and exposing much of the conversation the suit says she had with Hammon. “Being traded is a part of the business. Being lied to, bullied, manipulated, and discriminated against is not,” Hamby posted. “We fought for provisions that would finally support and protect player parents. This cannot now be used against me,” she wrote, referring to improved childcare benefits in the WNBA’s 2020 collective bargaining agreement. Players now receive their full salary on parental leave, get a two-bedroom apartment if they have children under age 13, receive a $5,000 childcare stipend, and veteran players receive reimbursement for family planning expenses (like freezing eggs, surrogacy, fertility treatments, and adoption) up to $60,000.

The WNBA launched an investigation into Hamby’s complaints and, in May 2023, took away the Aces’ 2025 first-round pick and suspended Hammon for two games without pay. The lost pick was for the “impermissible player benefits” offered to Hamby, while Hammon’s suspension was for her comments to her former player, the league said. Monday’s filing says despite punishing the Aces and Hammon, the league “took no steps to correct or address a clear-cut violation” of Hamby’s rights.

A spokesperson for the WNBA tells Front Office Sports, “We are aware of today’s legal filing and are reviewing the complaint.” A representative for the Aces did not immediately respond to a request for comment.

In September 2023, Hamby filed a complaint with the Equal Employment Opportunity Commission, which gave her a “Notice of Right to Sue” in May 2024. This notice is given when mediation fails or the EEOC can’t find that discrimination or retaliation occurred.

Also on Monday, the new 3-on-3 women’s basketball league Unrivaled revealed Hamby as its latest signee. On Aug. 5, Hamby won a bronze medal in Paris representing the U.S. in 3×3 basketball. She was a late addition to the group, replacing her Sparks teammate Cameron Brink after an ACL tear.

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