WNBA: Star player accuses management of discrimination

CONTINUED FROM 12 ownership, the Saudi Arabian Public Investment Fund, comes with severe controversies of its own. work out… even on days where it was uncomfortable to walk.” However, the Aces, allegedly, did not believe she worked hard enough and did not anticipate her to be ready by the start of the season. Hamby described the behavior as “unprofessional and unethical,” especially for an organization “who preach[es] family, chemistry, and women’s empowerment.” “We fought for provisions that would finally support and protect player parents. This cannot now be used against me," she contested in her post.

This season has also seen the rejuvenation of once-buried Manchester United and the rise of three surprise teams: Brighton, Fulham, and Brentford — who sit graciously, yet cautiously, above powerhouses and preseason favorites Liverpool and Chelsea.

The league has seen the fall of Leicester City — former Premier League champions in perhaps the most incredible underdog story in the history of sports — who are now fighting to avoid relegation.

Nottingham Forest, one of the most successful teams in English soccer, have triumphantly returned to the top flight for the first time since the turn of the millennium.

We now see a relegation battle for the ages, with eight teams realistically in the hunt, including Everton, a club that has never been relegated; West Ham United and Wolves, two sides that competed for a UEFA Champions League spot a year ago; and Leeds United, a club that has embraced an American approach with manager Jesse Marsch and three other key starters from the United States.

This is by no means a simple issue, nor is it the first encounter the WNBA has had with working mothers. One of the more notable cases dates back to 2018 when the six-time All-Star Skylar Diggins-Smith played the whole WNBA season pregnant. In a 2020 interview with Women’s Health, Diggins-Smith revealed that a big part of her decision to hide the pregnancy was based on fear. “In the past, there’s been players that I’ve known who have only gotten half their salary,” Diggins-Smith said during the interview. Already having to play overseas to make ends meet, taking a pay cut could pose great challenges to any WNBA player.

Another noteworthy example of pregnancy discrimination came from Naismith Memorial Basketball Hall-of-Famer Sheryl Swoopes and her pro-ball debut six weeks after her delivery during the inaugural WNBA season in 1997. Swoopes battled against harsh sarcasm, lack of assurance from her franchise, and public scrutiny of her fitness being a mother as a professional athlete throughout the entire season. She proved that it is possible to play as a mother and invited the basketball world to take a deeper look into this controversial issue. Considering Swoopes’ return to the court and Diggins-Smith advocacy for working mothers, the WNBA and the Women’s National Basketball Players Association struck a deal in the 2020 collective bargaining agreement (CBA) that guarantees players fullypaid maternity leaves, with $5000 stipends, and other benefits. There are several aspects to explore in Hamby’s case. First, some compare WNBA players’ pregnancy to injury, a familiar analogy for men’s leagues in the male-dominated world of professional sports. The logic is simple: if a player gets injured, their market value as an athlete decreases and their team has every right to trade them for an active player. That said, being injured (unlike having children) is never a pursuit of anyone’s life. It is the nature of the game to be injured, and players bear parts of the responsibility of preventing themselves from injury — as every athlete reasonably does. Yet, to be pregnant or not should always be the decision of a person, as it is the right of every person to become pregnant at any stage of their life. The complexity of this issue begs the question of how a player’s pregnancy should fall into the market equation of professional players, and the attitude of the management largely dictates what the formula would look like. Secondly, based on the spirit of a woman’s right to become pregnant when employed, the Pregnancy Discrimination Act of 1978 (PDA) prohibits “discrimination on the basis of pregnancy, childbirth, or related medical conditions.” However, after a trade, the player rarely suffers any loss of benefit or reduction in salary, which is in agreement with both the PDA and the 2020 CBA. One might argue that Hamby’s scenario qualifies as what the PDA describes as an “unfavorable job assignment,” but that would entail further legal interpretations. As a result of such inattentive clauses to the specific circumstances Hamby faces, the jurisdiction over the case might boil down to the alleged comments from the Aces’ management. If it were true that the Aces called Hamby a “question mark” and wished her to stay away from pregnancy, that would be evidence of clear-cut pregnancy discrimination.

The WNBPA has already begun its investigation of Hamby’s allegations and promised to “ensure her rights” under the 2020 CBA as well as state and federal law. Whether this specific case is pregnancy discrimination or not, it definitely requires a further look. The WNBA, considering its long history of dealing with pregnant players from the first WNBA season, should start exploring ways and taking actions to better protect their working mothers in the league.

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