By: Obren Manjencich
Sharing good news is good. Until it isn’t. Los Angeles Sparks Forward Dearica Hamby has experienced these emotions firsthand.
Hamby filed a complaint on August 12, 2024, suing her former team, the Las Vegas Aces, and the WNBA, alleging discrimination and unlawful retaliation against her for becoming pregnant.[1] Hamby notified Aces staff of her pregnancy in August of 2022, shortly after learning she was pregnant, and just weeks after signing a two-year contract extension.[2] A public announcement followed one month later, two days after the Aces won the WNBA Finals. Thereafter, Hamby experienced significant changes in how she was treated.[3]
Tensions simmered, with the pot boiling over when Hamby was traded to the Los Angeles Sparks six days after an alleged hostile phone conversation with coach Becky Hammon on January 15, 2023. Hamby claims that Hammon asked her if the pregnancy was planned, questioned her commitment to the team, and criticized her for not taking proper birth control protections.[4] Hammon, who is referenced throughout the complaint, denied any wronging saying, “It just didn’t happen.”[5] In fact, on the day Hamby was traded, she went on social media calling out the Aces alleged misconduct.[6]
Hamby’s actions would draw the attention of the WNBA itself, as the league announced an investigation into her allegations in February 2023.[7] The investigation concluded in May with the WNBA stripping the Aces of a 2025 first-round draft pick for violating rules regarding impermissible player benefits, in addition to suspending coach Becky Hammon for two games. The team violation involved impermissible benefits in connection with negotiations over Hamby’s contract extension.[8] According to the complaint, the benefits included agreements to cover the private school tuition of Hamby’s daughter, as a “donation”, and allowing Hamby to occupy team-provided housing accommodations, even though Hamby already had a separate residence in Nevada.[9]
In Fall 2023, Hamby filed a discrimination claim with the Equal Employment Opportunity Commission, completing the first step toward filing a lawsuit by satisfying the EEOC’s procedural requirement.[10]
The EEOC provides two ways for individuals to file discrimination lawsuits: for federal employees or job applicants, the law protects from discrimination because of your race, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. The law protects individuals from retaliation if opposing employment discrimination, filing a complaint for discrimination, or participating in the complaint process, even if the complaint is not yours.[11]
Once a complaint is filed, the EEOC decides if a case should be dismissed for a procedural reason. If the complaint is not dismissed, the agency has 180 days from the day a complaint is filed to complete an investigation. After the investigation is complete, a notice is issued, allowing the individual to request a hearing before an administrative judge or ask the agency to issue a determination as to whether discrimination occurred. If discrimination occurred, the individual can file in federal district court, like Hamby, or appeal.[12]
After complying with the complaint process and finding discrimination occurred, Hamby was granted the right to sue in May. Her complaint suggests that she was punished for being pregnant, in direct violation of the Pregnancy Discrimination Act of 1978, which prohibits employers from discriminating against employees because they are pregnant.[13]
Whether Hamby can prove her case under the law is unclear. She was not fired or denied a raise, claims typically made in such cases. Instead, Hamby claims she was denied benefits that were already prohibited under the CBA.[14]
Hamby also contends that being traded to a less competitive team resulted in “a loss of reputational prestige and brand value.”[15] Ultimately, Hamby is losing out on more lucrative marketing opportunities because Los Angeles is a statured market. As for her “unlawful retaliation” claim, Hamby alleges that Aces players and staff were instructed to stop communicating with her, attempted to wrongfully obtain her medical records, and released a false public statement regarding when those involved knew she was pregnant. [16]
There are several defenses that the defendants may present. They could argue that Hamby’s facts, are inaccurate or exaggerated, as her claims are based solely on memory of prior events. They may argue that Hamby’s claims lack sufficient evidence, like the improper attempt to get her medical records, which lacks details of how that was done. They could argue that Hamby’s allegations fail to describe unlawful acts for which the law provides a remedy. Such as, her claim of reduced marketing opportunities or the fact that athletes, including WNBA players, accept the possibility they can be traded, and trades happen for many reasons, including poor performance. These potential defenses against Hamby’s claims do not even consider whether Hamby followed the provisions contained in WNBA player contracts or the CBA regarding grievances and arbitration procedures. It is unclear if Hamby pursued those measures.
On September 11, the defendants filed separate motions to dismiss the lawsuit.[17] The league argued Hamby has no standing, as it does not employ her.[18] The Aces argued Hamby failed to provide evidence of either claim.[19] Hamby’s responses are due on October 9th and defendants’ replies on October 23rd.[20]
Hamby’s case, if litigated, may change how sports organizations handle pregnancies through protocols designed to eliminate stigma and reduce conflicts, thereby ensuring a more supportive and cooperative environment for pregnant athletes.
[1] Hamby v. WNBA, LLC et al., No. 2:24-cv-01474 (D. Nev. filed Aug. 12, 2024).
[2] Tim Stelloh, WNBA Star Dearica Hamby sues former team and league alleging discrimination over pregnancy, NBCNews (Aug. 13, 2024, 2:29 PM), https://www.nbcnews.com/sports/basketball/wnba-star-dearica-hamby-sues-former-team-league-alleged-discrimination-rcna166332.
[3] Complaint at 6 ¶37.
[4] Complaint at 7 ¶¶ 41-42.
[5] Sabreena Merchant, Becky Hammon addresses Dearica Hamby lawsuit alleging workplace discrimination: ‘It just didn’t happen’, NYTimes (Aug. 18, 2024), https://www.nytimes.com/athletic/5708880/2024/08/18/becky-hammon-dearica-hamby-lawsuit/.
[6] Michael McCann, HAMBY’S LAWSUIT COULD CHANGE HOW PRO TEAMS HANDLE PREGNANCIES, Sportico (Aug. 19, 2024, 5:55 AM), https://www.sportico.com/law/analysis/2024/hamby-wnba-lawsuit-legal-analysis-1234793871/.
[7] Id.
[8] Press Release, WNBA, WNBA imposes penalties on Aces after investigation. (May 16, 2023).
[9] Complaint at 5 ¶29.
[10] Rachel Treisman, WNBA star Dearica Hamby sues the league and her former team for discrimination,NPR (Aug. 13, 2024 3:13 PM), https://www.npr.org/2024/08/13/nx-s1-5073998/dearica-hamby-discrimination-lawsuit-aces-wnba.
[11] U.S. EQUAL EMP. OPPORTUNITY COMM’N. Overview of Federal Sector EEO Complaint Process.
[12] Id.
[13] Complaint at 12 ¶69.
[14] McCann, supra note 6.
[15] Complaint at 11 ¶63.
[16] Complaint at 11 ¶64.
[17] Aces file motions to dismiss Dearica Hamby’s lawsuit, ESPN (Sept. 12, 2024, 4:29 PM), https://www.espn.com/wnba/story/_/id/41235041/wnba-aces-file-motions-dismiss-dearica-hamby-lawsuit.
[18] Id.
[19] Id.
[20] Hamby, No. 2:24-cv-01474; See Ct. Order dated Sept. 18, 2024.
