The WNBA and Aces have filed motions to dismiss a federal lawsuit filed by former Las Vegas player Dearrica Hamby, who alleges abuse surrounding her pregnancy.
Hamby filed the lawsuit about a month ago, alleging that the Aces discriminated against and retaliated against her before being traded to the Los Angeles Sparks in January 2023.
The league argued that Hamby has no right to sue the WNBA because she is not employed by the organization. A motion to dismiss the lawsuit was filed Wednesday.
The WNBA also disputed her assertion that the league did not properly investigate her allegations. The league suspended Aces coach Becky Hammon for two games without pay in May 2023 and stripped the Aces of their 2025 first-round draft pick for allegedly giving unfair benefits to players regarding Hamby.
The WNBA also denied that it retaliated by not extending Hamby’s marketing contract with the league, and pointed to the nine-month gap between Hamby’s complaint and the expiration of her contract as evidence of a lack of causation.
The Aces, two-time back-to-back champions, argued in their complaint that Hamby failed to provide evidence of retaliation or discrimination.
“Hamby’s complaint alleges that Ace assigned her contractual rights because she was pregnant and retaliated against her after she made social media posts that allegedly constituted pregnancy discrimination,” the club said in the complaint. “Hamby’s false allegations against Ace fail to state a plausible claim for relief.”
Hamby, who won a bronze medal in the 3×3 women’s basketball event at this year’s Olympics, filed a complaint with the Equal Employment Opportunity Commission in September and amended it in October.
According to her lawsuit against the WNBA and the Aces, the committee ruled in May that she had a “right to sue.”
“The WNBA is essentially a workplace, and federal law has long protected pregnant women from workplace discrimination,” Hamby’s lawyers said in a statement after the lawsuit was filed. “When a world champion player banned De’Arica Hamby because she was pregnant, the WNBA responded with a light punishment. Every potential mother in the league is on notice that giving birth can change her career prospects overnight. This is not right in one of the most thriving and vibrant women’s professional sports leagues in America.”
Hammon responded forcefully to questions during a press conference after the Aces beat the Sparks on Aug. 18, six days after the lawsuit was filed.
“I’ve been in the WNBA and the NBA for 25 years now,” Hammon said at the time. “I’ve never had a complaint from HR. Never. In fact, I still don’t, because Dearica never filed a complaint. She never filed a complaint with the players union. She never filed a complaint with the WNBA. That’s a fact.”
“It’s also true that no one made the decision to trade her until Atlanta contacted us in January (of 2023). That’s true. So … it just didn’t happen.”
Hammon said in May 2023 that Hamby was traded to set up the team to sign potential future Hall of Famer Candace Parker.
An All-Star for the third time in four seasons, Hamby is averaging career-highs of 16.9 points and 9.2 rebounds this season. She was a two-time WNBA Sixers Player of the Year with the Aces.
The Aces are also under scrutiny by the WNBA over a two-year sponsorship deal proposed by the Las Vegas Convention and Visitors Authority, in which each player would receive $25,000 a month, up to $100,000 per season.
Anderson is a contributor to The Associated Press.
