Dearica Hamby files Federal Lawsuit against Aces, WNBA

[MrDollarBills]

Saying that a pregnant player cannot use the team facilities or be around the club, like what Phoenix did to Skylar Diggins-Smith
Trades though?

when on maternity leave or medical leave you are supposed to have access restricted. it's by law that's actually in place to keep organizations from interrupting the leave.

Right, a lot of the things players are alleging are vindictive behavior on the part of their franchises just look to me like typical corporate behavior trying to protect the organization from lawsuits. I don't love that franchises act like this, but I also don't see any reason to interpret the behavior as petty hostility.

I didn't realize maternity leave laws mean zero access.

I can understand if a pregnant player still wanted to use the facility for light exercise because it's good to keep active, but I guess it is what it is.

[Doctor MJ]

"Additionally, Ms. Hamby’s case is helped by a recent U.S. Supreme Court decision. In Muldrow v. City of St. Louis, the Court held that a female officer sufficiently alleged sex discrimination under Title VII after she was transferred from one job to another, even though her pay and rank were unchanged. Although an employee must show “some harm” to state a claim, the Court said, the harm need not be significant. A change in the officer’s responsibilities, perks, and schedule were sufficient. Under this lessened standard, Ms. Hamby’s trade to a new team – which undoubtedly necessitated various life changes – seems likely to state a claim against the Aces even if her pay was not affected."

This is the analogy I've been trying to raise. It's similar to a work transfer and it's established that you cannot make that decision based upon sex - including pregnancy status. The harm does not have to be significant at all.

I would be surprised if the WNBA doesn't push settle. They would face so much reputational damage here. It would undercut the league and some of their best players.

If it doesn't have to be significant harm than way can't NBA players sue for hurt feelings? Maybe they can and we're all about to find out, eh?

Re: settle to prevent reputational damage. They may well settle, but if they settle for reasons related to pregnancy they'd be fools not to change WNBA rules because otherwise they're just going to have to keep settling whenever there's anything like this again.

NBA players can't sue for "hurt feelings" because they'd have to prove that they were traded because of discrimination based on sex. Being traded isn't an issue. Being traded because of a pregnancy would be an issue. And Hamby doesn't only allege being traded in her complaint, she alleges that she was being treated differently by her employer prior to being traded.

So, this is a long thread where we're hitting a lot of the same stuff again and again. As I've said: I have no issue with the Aces getting punished for basic harassment stuff if that's what they did.

[Doctor MJ]

If it doesn't have to be significant harm than way can't NBA players sue for hurt feelings? Maybe they can and we're all about to find out, eh?

Re: settle to prevent reputational damage. They may well settle, but if they settle for reasons related to pregnancy they'd be fools not to change WNBA rules because otherwise they're just going to have to keep settling whenever there's anything like this again.

NBA players can't sue for "hurt feelings" because they'd have to prove that they were traded because of discrimination based on sex. Being traded isn't an issue. Being traded because of a pregnancy would be an issue. And Hamby doesn't only allege being traded in her complaint, she alleges that she was being treated differently by her employer prior to being traded.

Yea, im honestly very confused as to why this point seems so hard to understand.


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Okay let me be clear:

I understand that someone traded for reasons not related to sex then they aren't going to sue for "sexual discrimination".

My point is that either trades are acknowledged as something that causes damage you can sue over or it isn't. In no world does it make sense to say "Trades are only damaging to pregnant players".

There can of course be specific rules about pregnant players, but if it's about damage caused by the trade itself, there's no reason to put pregnant players in an entirely different category.