WNBA and Aces file motions to dismiss Dearica Hamby's lawsuit
LAS VEGAS (AP) — The WNBA and Aces have filed motions to dismiss former Las Vegas player Dearica Hamby's federal lawsuit that alleges mistreatment over her pregnancy.
Hamby filed the suit about a month ago, alleging the Aces discriminated and retaliated against her, resulting in her January 2023 trade to the Los Angeles Sparks.
The league argued Hamby doesn't have standing to sue the WNBA because it doesn't employ her. The motions to dismiss were filed Wednesday.
The WNBA also disputed her claim that the league didn't properly investigate her allegations. The league in May 2023 suspended Aces coach Becky Hammon for two games without pay and docked the Aces their first-round 2025 draft pick for providing impermissible player benefits involving Hamby.
Also, the WNBA denied it failed to extend Hamby's marketing agreement with the league as a form of retaliation. The league pointed to the nine-month gap between her complaint and the contract expiring as evidence of lack of causation.
The two-time defending champion Aces argued in the motion that Hamby failed to provide evidence of retaliation or discrimination.
“Hamby’s Complaint alleges the Aces traded the rights to her contract because she was pregnant and retaliated against her after she created a social media post about the purported pregnancy discrimination,” the club said in its filing. “... Hamby’s false allegations against the Aces fall short of stating a plausible claim for relief.”
Hamby, a bronze-medal winner in 3X3 women’s basketball in this year's Olympic Games, filed a complaint with the Equal Employment Opportunity Commission in September and amended the filing in October.
According to her lawsuit against the WNBA and the Aces, the commission ruled in May she had a “right to sue.”
“The WNBA is, at its core, a workplace, and federal laws have long shielded pregnant women from discrimination on the job,” Hamby’s attorneys said in a statement after the suit was filed.