Dearica Hamby sues WNBA, Aces, alleging discrimination and retaliation

Dearica Hamby has filed a civil rights lawsuit against the WNBA and the Las Vegas Aces, alleging the two organizations unlawfully discriminated and retaliated against her. Hamby was traded by the Aces in 2022, soon after announcing she was pregnant with her second child.

The lawsuit, which was filed Monday, alleges the WNBA, the Aces and Hammon violated Title VII of the Civil Rights Act, which, among other things, protects employees from discrimination based on sex. Additionally, Hamby alleges in the lawsuit, the Aces and Hammon retaliated against her for going public with the circumstances surrounding her trade.

As a result, the lawsuit states, Hamby suffered emotional and financial damage and is entitled to compensation. Hamby is asking for compensation that will cover the economic losses of the ordeal, as well as punitive damages.

In a statement, Hamby’s lawyer accused the Aces of having Hamby “exiled” and accused the WNBA of letting the Aces get “a light tap on the wrist” as punishment.

Hamby recently returned from the Paris Olympics after winning a bronze medal with the Team USA 3×3 basketball team. Hamby replaced Sparks teammate Cameron Brink after Brink suffered a torn ACL. The lawsuit lists Hamby’s bronze medal among her accolades.

Hamby filed an official complaint with the Equal Employment Opportunity Commission last fall, alleging that the Aces and head coach Becky Hammon had traded her because she was pregnant. Hamby announced her pregnancy in September 2022 during celebrations for the Aces’ first WNBA championship and was traded to the Los Angeles Sparks in January 2023 after a contentious few months.

Per the lawsuit, Hamby received the right to sue from the EEOC in May and had 90 days to file the lawsuit.

In a statement posted to Instagram on the day her trade was announced, Hamby said the trade had been a “traumatic” experience of “being lied to, bullied, manipulated, and discriminated against.” Hamby also said she was accused of signing her recent extension while knowing that she was pregnant, a claim that was stated again in the lawsuit.

Hamby’s claims led the WNBA to investigate. As a result of two investigations, Hammon was suspended for two games without pay and the Aces were forced to forfeit a future 2025 draft pick. According to the lawsuit, the WNBA did not do anything to rectify the harm against Hamby. The lawsuit also alleges the WNBA did not interview players who could have corroborated key details — therefore failing to properly investigate — and did not provide adequate punishment to the Aces or Hammon for Hamby’s treatment.

Hamby, a two-time WNBA Sixth Woman of the Year and a three-time All-Star, signed a two-year contract to stay with the Aces on June 28, 2022. According to the lawsuit, the Aces included stipulations that would benefit Hamby’s daughter, Amaya, as part of getting her to sign; these benefits included private school tuition costs and team-provided housing so Hamby’s family could help with childcare. The WNBA later ruled these benefits to be “impermissible” during its investigations into the issue.

Per the lawsuit, Hamby discovered that she was pregnant with her second child three weeks after signing the contract. After Hamby made her pregnancy public in September, the lawsuit says, things began to change: The Aces began being allegedly evasive about the tuition payments, and Hamby was told to vacate the team housing.

In a phone call in mid-January — “on or around January 15, 2023,” per the lawsuit — Hammon asked whether Hamby had planned to get pregnant and then told her that she had not taken the right precautions to avoid a pregnancy. During this call, the lawsuit alleges, is when Hammon accused Hamby of signing her two-year extension while knowing that she was pregnant. Hammon also shared that she and the Aces staff believed that Hamby would get pregnant again.

During the same call, Hammon also questioned Hamby’s commitment to the team, and said she was a “question mark” heading into the 2023 season. Hamby has said repeatedly that she was committed to her workouts and had every intention of returning for the start of the season in April.

In the lawsuit, Hamby outlined an exchange that she also included in her EEOC complaint: During the conversation, she asked twice, “You’re trading me because I am pregnant?” to which Hammon responded, “What do you want me to do?” Per the lawsuit, Hammon did not deny the accusation in the conversation.

A day later, Hammon called Hamby and told her that her “time with the Aces is up” and that she could pick to go somewhere like Los Angeles or Atlanta, or that she could be sent to the Connecticut Sun or Indiana Fever.

The Aces announced Hamby had been traded to the Sparks on Jan. 21, 2023. After Hamby made her experience leading to the trade public, the lawsuit says, the Aces barred players and staff from communicating with Hamby, attempted to get Hamby’s medical records and failed to extend an invitation to join the Aces in visiting Vice President Kamala Harris at the White House to celebrate winning the 2022 championship.

Hamby gave birth to her son, Legend, on March 6 and reported to Sparks training camp April 28. Per the lawsuit, Hamby did not miss any time as a result of her pregnancy and played all 40 regular season games for the Sparks.

Although Hamby has become a key piece of the Sparks’ starting lineup, the lawsuit points to the shift to a less prestigious team as detrimental to Hamby’s career. The Aces went on to win another WNBA championship in the 2023 season, while the Sparks failed to make the playoffs.