Breaking Down The Dearica Hamby Lawsuit
It’s about to get messy for the Women’s National Basketball Association.
Bronze medalist and Los Angeles Sparks’ forward Dearica Hamby filed a federal lawsuit against the WNBA and her former team, the Las Vegas Aces, on Aug. 12. She accused the league and her former team of intimidation, bullying, and retaliation after finding out she was pregnant, which led to her trade to the Sparks in Jan. 2023.
On Sept. 23, 2023, Hamby filed a Charge of Discrimination against the WNBA/Aces with the Equal Employment Opportunity Commission. On, or about Oct. 19, 2023, she filed an Amended Charge of Discrimination against the WNBA/Aces. On May 23, 2024, Hamby received the “Notice of the Right to Sue” from the EEOC. Since fewer than 90 days had passed since the mailing date of the “Notice to Right to Sue,” Hamby was able to legally proceed. This information, and the following information, comes directly from her 18-page complaint, filed in the U.S. district court in Nevada.
Who is Hamby?
Hamby is a highly decorated WNBA player. She boasts the title of two-time WNBA Sixth Woman of the Year, three-time WNBA All-Star, WNBA champion, and U.S. bronze medal-winning Olympian. She’s also a mother to two.
The six-three power forward played for Wake Forest University, and, in 128 games, averaged 13.9 points per game on 51.9 percent shooting. She shot 66.4 percent from the free throw line and 26 percent exactly from three. She also averaged 7.9 rebounds and 1.4 assists. In 2015, Hamby was selected sixth overall in the first round of the 2015 WNBA draft to the then San Antonio Stars.
The Stars were purchased by Las Vegas in 2018. Hamby played an important role on the Aces team. She was awarded Sixth Woman of the Year in back-to-back seasons—2019 and 2020—while with the Aces. She made her first All-Star appearance in 2021, making her one of only 22 players selected
According to the complaint, Hamby signed a two-year contract extension to continue playing basketball with the Aces “on or about June 28, 2022. This contract ensured she would return to the Aces for the 2023 and 2024 playing seasons. Her contract would expire on May 15, 2025.
The Aces offered Hamby other incentives and benefits outside of the contract to entice her. One such benefit was an agreement to cover the private school tuition for Hamby’s daughter, Amaya, and it would come in the form of a “donation” to Amaya’s school. They also agreed to allow her to live in the team-provided housing accommodations, even though Hamby had a separate residence in Nevada. This was so Hamby’s family could assist with childcare for Amaya while she traveled for road games.
About three weeks later, on or around July 18, 2022, Hamby discovered she was pregnant. On Aug. 6, Hamby informed the Aces’ head coach, Becky Hammon, and other coaches and training staff, of her pregnancy. Her pregnancy was confirmed on Aug. 8 at her doctor’s visit.
On Sept. 18, 2022, the Aces won the first WNBA Championship in franchise history with help from Hamby, who started 32 out of 34 regular season games in 2022.
On Sept. 20, while on stage at the Aces’ Championship Parade in Las Vegas, Hamby publicly announced to fans and media that she was pregnant.
This was when it all started, according to Hamby.
The Fall Out and the Phone Call.
It was after she made her pregnancy public that Hamby said she experienced “notable” changes in the way she was treated by Aces’ staff.
Aces’ general manager Nikki Fargas and president Natalie Williams did not give Amaya’s school a “donation.” When Hamby inquired about it in September 2022, they said they were “working on it” but didn’t provide a date. Hamby followed up in November 2022 and was told they were still “figuring it out” and still didn’t receive a date.
Backing up to Oct. 1, 2022, Williams informed Hamby that she had to vacate the team-provided housing and gave Hamby no reason to do so.
Around January 15, 2023, Hamby and Hammon spoke over the phone. Hammon asked Hamby if she had planned her pregnancy, to which Hamby said she hadn’t. Hammon then told Hamby that she was not taking the “proper precautions” not to get pregnant.
During that phone call, Hammon told Hamby that she was a “question mark” and that the Aces “needed bodies,” and informed Hamby she would not be ready to play in time for the start of the 2023 season. Hamby assured her that she was committed to the Aces, would give birth during the off-season, and anticipated being fully ready to play by the start of the season in April 2023.
Hammon accused Hamby of signing her contract extension while knowingly pregnant and not taking her workouts seriously—both false accusations that Hamby denied.
Hammon also informed Hamby that the Aces’ staff said that Hamby would get pregnant for a third time.
Hammon implied that by signing her contract extension, Hamby implicitly agreed that she would not get pregnant during the two-year period—and that by getting pregnant, she didn’t “hold up her end of the bargain.”
Hamby went on to ask Hammon, “You’re trading me because I’m pregnant?” Twice. Hammon responded, “What do you want me to do?” but didn’t deny the accusations by Hamby.
On Jan. 16, 2023, Hammon called Hamby and told her, “Your time with the Aces is up” and that it was best for Hamby’s career if she moved on. She told Hamby to “pick a place like Los Angeles or Atlanta” or that Hammon could trade her to either the Connecticut Sun or Indiana Fever.
On Jan. 21, the Aces issued a public announcement that Hamby had been traded to the Sparks, and Hamby issued a public statement via social media, in which she said she was “bullied, manipulated, and discriminated against.” She also added the conversation with Hammon, and said, “I planned to play this season, and I have expressed my desire to play this season. I have pushed myself throughout my entire pregnancy and have continued to work out (basketball included) on my own and with team staff—even on days when it was uncomfortable to walk, only to be inaccurately told that ‘I was not taking my workouts seriously.’”
The Aftermath.
On Jan. 23, the Executive Director of the WNBA Player’s Association, Terri Jackson, sent an e-mail to the WNBA’s General Counsel, Jamin Dershowitz, on Hamby’s behalf. This e-mail requested an investigation by the WNBA into the allegations made public by Hamby in her post.
On or about Feb. 8, via their official X account (formerly Twitter), the Aces announced the WNBA had launched a formal investigation into the allegations raised by Hamby.
On Mar. 6, Hamby gave birth to her son, Legend.
On or about April 28, Hamby reported to training camp for the Sparks and began preseason play—in doing so, she did not miss any required time as a result of her pregnancy. Hamby went on to play in all 40 regular season games for the Sparks.
On May 16, the WNBA publicly announced it concluded its investigation by issuing a statement. They rescinded the Aces’ 2025 first-round draft pick for violating league rules with the benefits offered to Hamby, and Hammon was suspended for two-games without pay for violating league and team policies on respect in the workplace. That was all the punishment and fines doled out.
No Aces players were interviewed during the investigation. Had they been, they could have corroborated key conversations and other relevant facts.
The lawsuit alleges that the WNBA took no steps to correct or address a clear-cut violation of Hamby’s rights under federal and state anti-discrimination laws. This would not deter the Aces from any similar conduct in the future.
Because of the trade to a less competitive team, Hamby loss prestige and brand value associated with being part of a two-time WNBA championship franchise, as well as a loss of marketing and/or endorsement opportunities in the Las Vegas sports market.
The lawsuit also alleges that the Aces engaged in retaliatory acts toward Hamby, that included but were not limited to: issuing a directive to Aces players and staff to cease communications with Hamby; allowing General Manager Williams to issue a public statement on a radio show that implied Hamby knew she was pregnant since June 2022; attempting to wrongfully obtain confidential medical records from Hamby after she was no longer a member of the Aces; refusing to extend an invitation to Hamby to attend a White House ceremony to commemorate the Aces’ first WNBA championship; and refusing to show Hamby’s daughter on the video screen, even though she was a fan favorite, and immediately cutting away when Amaya was inadvertently shown on the arena’s video screen.
Although this is the first lawsuit the WNBA has faced regarding pregnancy discrimination, it is not the first time a team has been accused of it. In May 2023, Skylar Diggins-Smith accused the Phoenix Mercury of discriminating against her during her pregnancy as well.