Los Angeles Sparks’ forward Dearica Hamby is pursuing a legal case against the WNBA and the Las Vegas Aces after filing claims of sex discrimination related to her pregnancy and subsequent retaliation. Recently, a federal judge in Nevada issued a mixed ruling on the matter, allowing some aspects of her case against the Aces to proceed while dismissing her claims against the WNBA.
Chief U.S. District Judge Andrew P. Gordon determined that Hamby did not sufficiently support her retaliation claims against the WNBA, which the league argues is not directly her employer and therefore not liable. The judge noted that each team operates independently, which makes the WNBA’s involvement in employment matters limited. However, some claims against the Aces have persisted, leading to pretrial discovery as the lawsuit unfolds in parallel with the upcoming WNBA season set to begin.
Hamby alleges that her trade to the Sparks in 2023 was illicitly motivated by her pregnancy, contending that she faced retaliation from both the Aces and the WNBA after she voiced her concerns publicly. She points to actions such as being excluded from Aces’ championship celebrations and a lack of marketing support from the league as retaliation.
In addressing factors presented in the case, Judge Gordon acknowledged concerns raised regarding the negative impact of her trade on her professional opportunities. He articulated how the move could be considered detrimental, impacting her brand and potential endorsements when transitioning from a championship contender to a less competitive team.
Importantly, while the judge found merit in some of Hamby’s claims against the Aces, he emphasized that other allegations of retaliation lacked sufficient evidentiary support or clarity on timing. The court provided Hamby a chance to amend her claims to correct these issues by June.
As pretrial discovery begins, the possibility of a settlement remains open. The ongoing dialogue around Hamby’s allegations may serve as a catalyst for broader discussions on workplace discrimination within the league, especially during the current negotiations for a new collective bargaining agreement. While the situation remains complex, there’s hope that it could lead to positive changes in the WNBA’s approach to player rights and workplace equity.