WNBA, Aces file motions seeking dismissal of Dearica Hamby's federal discrimination lawsuit

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Last month, Los Angeles Sparks star Dearica Hamby took legal action against the WNBA and the franchise she spent the majority of her professional basketball career with, the Las Vegas Aces.

Hamby, who was drafted in the first round by the San Antonio Stars, submitted documentation to the U.S. District Court of Nevada Aug. 12. The Stars relocated to Las Vegas for the 2018 season and were renamed the Aces.

The complaint alleges the three-time WNBA All-Star faced "repeated acts of intimidation, discrimination and retaliation" leading up to and after she was traded to the Sparks in 2023. Hamby was pregnant at the time. Almost one month later, the WNBA and Aces filed motions to dismiss Hamby’s federal lawsuit.

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LA Sparks forward Dearica Hamby (5) is introduced before a game against the New York Liberty at Crypto.com Arena in Los Angeles Aug. 28, 2024. (Kirby Lee/USA Today Sports)

The league argued Hamby doesn’t have standing to sue the WNBA because it doesn't employ her.

A probe into Hamby's discrimination claims was launched in 2023. Aces coach Becky Hammon received a two-game suspension as a result of the investigation. The franchise also forfeited a first-round draft selection. But Hamby's attorneys argued the league's response to the situation was inadequate.

"The WNBA is, at its core, a workplace, and federal laws have long shielded pregnant women from discrimination on the job. The world champion Aces exiled Dearica Hamby for becoming pregnant, and the WNBA responded with a light tap on the wrist," Dana Sniegocki, Erin Norgaard and Artur Davis of HKM Employment Attorneys said in a statement released after the lawsuit was filed.

Dearica Hamby of the Los Angeles Sparks prepares to shoot a free throw against the New York Liberty June 20, 2024, in Brooklyn, N.Y. (Catalina Fragoso/NBAE via Getty Images)

However, the WNBA is now disputing Hamby's claim that the league failed to properly investigate her allegations. The league also denied it failed to extend Hamby’s marketing agreement with the WNBA 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.

Meanwhile, the Aces asserted in the motion that Hamby failed to provide evidence of retaliation or discrimination.

WNBA CHAMPION DEARICA HAMBY FILES FEDERAL LAWSUIT AGAINST LEAGUE, ACES ALLEGING 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."

Dearica Hamby of the Las Vegas Aces poses for a photo with the trophy after Game 4 of the 2022 WNBA Finals Sept. 18, 2022, at Mohegan Sun Arena in Uncasville, Conn. (Chris Marion/NBAE via Getty Images)

Hammon addressed the lawsuit Aug. 18 during a news conference following the Aces' win over the Sparks.

"I’ve been in either the WNBA or the NBA for now 25 years," Hammon said at the time. "I’ve never had an HR complaint. Never, not once. I still didn’t, actually, because Dearica didn’t file any. She didn’t file with the players’ union. She didn’t file with the WNBA. Those are facts.

"It’s also factual that nobody made a call about trading her until Atlanta called us in January (2023). That’s a fact. So ... it just didn’t happen."

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Hamby is a two-time WNBA Sixth Woman of the Year and was a member of the Aces' 2022 WNBA championship team.

The Associated Press contributed to this report.

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