Hamby and the WNBPA could be seeking to file a grievance related to violation of the Respect in the Workplace policies.
The WNBA found the reigning champions, the Las Vegas Aces, violated league rules regarding impermissible player benefits and violated league and team respect in the workplace policies.
However, the WNBPA indicated the penalties levied against Las Vegas Aces’ head coach Becky Hammon and the team were not enough.
The WNBPA seems to suggest there may be more to come with this situation. “We will continue to support our member as she considers the League’s decision and explores all available remedies,” it said in a statement.
Hammon on May 16 was suspended for two games without pay for violating respect in the workplace policies related to “comments made by Hammon to (Dearica) Hamby in connection with Hamby’s recent pregnancy.” Hamby was traded to the Los Angeles Sparks in January after announcing her pregnancy during the Aces’ championship festivities.
Under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, an employee cannot be discriminated against due to pregnancy.
“Pregnancy” discrimination under Title VII can be based on:
- Current pregnancy;
- Past pregnancy;
- Potential pregnancy;
- Medical condition related to pregnancy or childbirth including breastfeeding/lactation;
- Having or choosing not to have an abortion;
- and birth control (Contraception).
Generally, employees have 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC), but state laws can extend this time frame. The law in Nevada, where the Aces are based, indicates employees have 300 days to file a claim. By law, an employee cannot be prohibited from filing a claim with the EEOC, however, by agreement, they can select a different forum such as arbitration. The WNBA and the WNBPA entered into a Collective Bargaining Agreement (CBA), which discusses arbitration for settling disputes.
In Article XXII of the CBA, the procedures for settling a dispute include grievances for both on-court and off-court conduct. The CBA specifically discusses pregnancy, which could mean players must submit to arbitration for grievances related to pregnancy. If this is the case, then Hamby and the WNBPA could be seeking to file a grievance and request arbitration related to the violation of the Respect in the Workplace policies.
Article V of the CBA specifically mentions the standard player contract and pregnancy. In Section 14(j) the CBA lays out:
“A player who knows she has an injury, illness or condition (including pregnancy) that renders, or she knows will likely render, her physically unable to perform the playing services required under a Player Contract may not validly enter into such a Player Contract without prior written disclosure of such injury, illness or condition to the Team.”
However, Hamby claimed she did not sign her contract extension knowingly pregnant. Her Instagram post states: “I was accused of signing my contract extension knowingly pregnant. This is false.” The WNBA did not respond to a question about whether a grievance has been filed by the WNBPA on Hamby’s behalf.
She was physically able to perform the playing services required as evidenced by her attendance and performance in the Sparks’ training camp practices. Hamby had her second child on March 15, 2023.
“I’m capable. I was physically cleared at four weeks,” Hamby said. “I did start to rest, but as time went on I was kind of sitting at home and I was like, ‘This is kind of boring, I want to go back and play basketball.'”
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