Dearica Hamby Vs. The WNBA: Shifting History
Dearica Hamby, a two-time WNBA All-Star and Defensive Player of the Year is a highly accomplished small forward in the WNBA. Her record speaks for itself. A first-round pick in 2015, she has made her mark in history with an impressive nine years in the basketball league.
ESPN notes that Hamby has maintained an average of 9.9 points per game, totaling 3,034 points in her career. In the last few years, she has learned an important lesson. Remarkable contributions and skills on the court aren't always enough to secure your spot.
Dearica Hamby Files Lawsuit
CNN reports on Monday, August 12, Hamby filed a lawsuit against the WNBA for discrimination and unlawful termination. The case centers on her trade from the Aces after publicly announcing her pregnancy.
According to a disclosure by the law firm, in the filing, Hamby cited experiencing
“repeated acts of intimidation, discrimination, and retaliation that culminated in January 2023 with the Aces trading Hamby (to the Los Angeles Sparks) because she was pregnant.”
Ha.mby claims that she informed management as soon as she learned about her pregnancy. She assured them she would be ready for the next season.
The Controversial Trade
Not even her contractual two-year agreement was enough. She was still released from the team. This decision came only after she publicly announced her pregnancy. It is noted that in mid-July 2022, Hamby discovered she was expecting about three weeks after signing an extension with the Aces.
She informed head coach Becky Hammon and other staff members in early August 2022. What's worse, her dismissal came only after she played a crucial role in leading the Aces to victory in the WNBA championship.
Speaking Out: Dearica Hamby’s Journey To Justice
One might wonder why Hamby is speaking out now, considering the timing of the incident. It's worth noting that Hamby previously raised this issue. As early as 2023, she spoke out. CNN reports that despite her outcry, the NBA did not take action to address or correct the problem. Here we are.
Analyzing Hamby's Potential To Win
What factors will contribute to the potential success of her lawsuit? She could potentially succeed if it is proven that she was unaware of her pregnancy when she signed the contract. If she were honest about her pregnancy and consistently met or exceeded job expectations, her defense would be strong.
One other crucial and harmful factor in Hamby's favor remains. Hamby also argues after being informed of her dismissal, she asked for clarification on whether her pregnancy was the reason. CNN notes,
"She asked Hammon two times on the call, “You’re trading me because I’m pregnant?” Hammon responded, according to the suit: “What do you want me to do?”
This response is not a denial.
Protections For Players In The WNBA
CNN goes on to note that the WNBA, like any other business, has the right to terminate or trade players as it deems appropriate. However, regulations specify that factors like race, gender, sexual orientation, parental status, or pregnancy status cannot influence decisions.
These protections were agreed upon through collective bargaining between the WNBPA (union) and the league. Terri Carmichael, executive director of the WNBPA, emphasized that
"These protections were put in place to ensure that becoming a parent does not mean the end of a player's career, as outlined in the 2020 Collective Bargaining agreement."
Getting Gritty: Looking At The Complete Picture
Hamby's career was not ended by her trade, as evidenced by her placement on the LA Sparks. There is no doubt, however, that her trade was an imperceptible move that could have had an enormous impact on her future success. Switching teams means adapting to new dynamics and adjusting gameplay accordingly. This was a change-up of which she was not prepared for.
Here, however, Hamby came out on top. She proved that no matter where she goes, she shines. Hamby's average points per game in the 2024 season came in at 19.4 points. One must nevertheless consider what she has accomplished is an outcome that could not be predicted at the time of her trade. Neither could her ability to follow through on her contribution post-delivery be predicted. Future outcomes cannot be used as evidence to the counter in a suit regarding a past situation.
A Few More Factors
Back to her signed contract. As any player, her contractual obligation was to contribute her talents to the team with reasonable consistency. Hamby assured them she could fulfill her end. Other statements made by Coach Hammon make it clear she felt otherwise.
Reportedly, during the call, Hammon “accused plaintiff Hamby of signing her contract extension knowingly pregnant, a false accusation which Hamby denied,” and said Aces staff believed “that Hamby would get pregnant again,” according to the lawsuit.
This is perceptive bias, plain and simple.
Career Commitment
Hamby made it clear to both Hammon and management that she had a birth plan. She would give birth during the off-season and return for the upcoming pre-season in full capacity. The athlete had done the calculations.
Hamby did return to the court with the Sparks for pre-season after giving birth to her son, "Legend.” This further demonstrates her reliability, which serves as a strong defensive argument.
Digging Up The Roots
Looking at things from a logical perspective, one wonders, what does Hammon argue underlined the trade, if not pregnancy? Reports state the decision was based on value-added. This does not imply that Hamby lacks value to the team; the evidence contradicts this assumption. It instead rests on her comparative value.
Hammon stated,
"We chose to trade Hamby because we could acquire three players for the price of her one contract... Pregnancy was never an issue or a reason for the trade."
This raises the question: why sign her to a contract in the first place? Why did her value suddenly change after she made her condition known?
Consequences And Precedents
An investigation was launched, and Hammon received a two-game suspension in early 2023. The Aces were also reprimanded, losing their ability to participate in the first-round draft pick. These actions, while a start, fall short of addressing the gravity of the situation. Conduct like this sets a dangerous precedent and has serious repercussions on the future of the sport if not thoroughly investigated and addressed.
A Watchdog Moment
The matter carries significant weight. Its outcome will not only affect Hamby, Hammon, or the Aces. This ruling will have repercussions for current and future WNBA players, coaches, management, and the league, thus becoming a looming issue demanding the public's full attention.
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