Dearica Hamby has filed a civil lawsuit against the WNBA and the Las Vegas Aces, claiming the two organizations unlawfully discriminated against and retaliated against her. Hamby was traded by the Aces in 2022, shortly after announcing she was pregnant with her second child.
Dearica Hamby has officially filed a lawsuit in federal court against the Las Vegas Aces and the WNBA, detailing repeated acts of intimidation, discrimination and retaliation that culminated in the Aces trading Hamby in January 2023 because the star forward was pregnant.
– Lyndsey D’Arcangelo 🏀 (@darcangel21) 12 August 2024
The lawsuit, filed Monday, alleges that the WNBA, the Aces and Hammon violated Title VII of the Civil Rights Act, which, among other things, protects workers from discrimination based on sex. In addition, Hamby claims in the lawsuit that the Aces and Hammon retaliated against her for making the circumstances of her trade public.
As a result, the lawsuit says, Hamby suffered emotional and financial harm and is entitled to compensation. Hamby is seeking compensation that covers the economic losses of the ordeal, as well as punitive damages.
In a statement, Hamby’s attorney accused the Aces of “banning” Hamby and accused the WNBA of giving the Aces “a light slap on the wrist” as punishment.
“The WNBA is, at its core, a workplace, and federal law has long protected pregnant women from workplace discrimination,” the statement said. “Every prospective mother now realizes that the birth of a child could change her career prospects overnight. That cannot be right in one of America’s most successful and dynamic professional women’s sports leagues.”
Hamby recently returned from the Paris Olympics after winning a bronze medal with the USA 3×3 basketball team. Hamby replaced her Sparks teammate Cameron Brink after he tore his ACL. The lawsuit lists Hamby’s bronze medal among her accolades.
Hamby filed an official complaint with the Equal Employment Opportunity Commission last fall, claiming the Aces and head coach Becky Hammon traded her away because of her pregnancy. Hamby announced her pregnancy in September 2022 during the celebration of the Aces’ first WNBA title and, after a controversial few months, was traded to the Los Angeles Sparks in January 2023.
“As an organization, we continue to stand behind our statement of May 16, 2023, which we made at the conclusion of the WNBA’s investigation into this matter,” the Aces said in a Statement from Tuesday“As this is an ongoing legal dispute, the Aces will not comment further at this time.”
According to the lawsuit, Hamby received notice of right to sue from the EEOC in May and had 90 days to file the lawsuit.
In a statement posted on Instagram the day her transfer was announced, Hamby said the transfer was a “traumatic” experience “in which she was lied to, bullied, manipulated and discriminated against.” Hamby also said she was accused of signing her recent contract extension knowing she was pregnant, a claim reiterated in the lawsuit.
Hamby’s allegations led to an investigation by the WNBA. As a result of two investigations, Hammon was suspended without pay for two games and the Aces were forced to forfeit a future 2025 draft pick. According to the lawsuit, the WNBA did nothing to repair the harm done to Hamby. The lawsuit also claims the WNBA failed to interview players who could have confirmed key details – and therefore failed to conduct an adequate investigation – and did not adequately punish the Aces or Hammon for Hamby’s treatment.
Hamby, a two-time WNBA Sixth Woman of the Year and three-time All-Star, signed a two-year contract to remain with the Aces on June 28, 2022. According to the lawsuit, the Aces included clauses that would benefit Hamby’s daughter, Amaya, to entice her to sign. Those benefits included the cost of private school tuition and team-provided housing so Hamby’s family could help with child care. The WNBA later ruled that those benefits were “impermissible” as part of its investigation into the issue.
According to the lawsuit, Hamby discovered she was pregnant with her second child three weeks after signing the contract. After Hamby made her pregnancy public in September, things began to change: The Aces allegedly began refusing to pay her tuition, and Hamby was asked to vacate team housing.
In a phone call in mid-January — “on or about January 15, 2023,” the lawsuit says — Hammon asked if Hamby had planned to become pregnant, then told her that she had not taken proper precautions to avoid pregnancy. During that phone call, the lawsuit says, Hammon accused Hamby of signing her two-year extension despite knowing she was pregnant. Hammon also shared that she and Aces employees believed Hamby would become pregnant again.
During the same call, Hammon also questioned Hamby’s commitment to the team, saying she is a “question mark” for the 2023 season. Hamby has repeatedly said she is committed to her training and fully intends to return for the start of the season in April.
In the lawsuit, Hamby described an exchange that she also included in her EEOC complaint: During the conversation, she asked twice, “You’re trading me because I’m pregnant?” to which Hammon responded, “What do you want me to do?” According to the lawsuit, Hammon did not deny the allegation in the conversation.
A day later, Hammon called Hamby and told her that her “time with the Aces was over” and that she could choose whether she wanted to go to Los Angeles or Atlanta, or be sent to the Connecticut Sun or Indiana Fever.
The Aces announced on January 21, 2023, that Hamby had been traded to the Sparks. After Hamby made her experiences leading up to the transfer public, the lawsuit alleges, the Aces prohibited players and staff from communicating with Hamby, attempted to obtain Hamby’s medical records, and failed to extend an invitation to join the Aces in visiting Vice President Kamala Harris at the White House to celebrate winning the 2022 championship.
Hamby gave birth to her son, Legend, on March 6 and reported to the Sparks’ training camp on April 28. According to the lawsuit, Hamby did not miss any time due to her pregnancy and played all 40 regular season games for the Sparks.
Although Hamby has become a key part of the Sparks’ starting lineup, the lawsuit points out that the move to a less prestigious team hurt Hamby’s career. The Aces won another WNBA championship in the 2023 season, while the Sparks failed to make the playoffs.
