USA Basketball has asked for the dismissal of the lawsuit filed by NBA security officer Kelley Hardwick’s against USA Basketball, Geno Auriemma and the NBA.
The lawsuit, originally announced in June, alleges employment discrimination in relation to Hardwick’s reassignment as security chief for the USA Basketball women’s senior national team.
Hardwick believes her removal from the women’s security detail for the London Olympics stemmed from what she claims was her decision to spur alleged advances by Auriemma against her in a hotel hallway in Russia in October 2009.
Hardwick claims Auriemma used his influence as coach of both the 2010 World Championship team and 2012 Olympic team to have her removed from the security detail prior to the London Games.
Hardwick was subsequently reassigned by the NBA to the men’s basketball team in London and continues to work high level WNBA jobs during the postseason.
Randy McLaughlin, Hardwick’s attorney, said Monday he will file an opposition to the dismissal motion well in advance of the October 25 deadline set by the court for all papers to be returned.
“Then once that is taking care of, the judge can take as long or as short a time as is required to make a decision about the motion [to dismiss],” McLaughlin said.
According to the law, if either side is dissatisfied with the ruling, an appeal can be filed with the Appellate Division of the court, which is the next level up.
The case for a dismissal is essentially based on the suit being filed in New York, even though none of the events Hardwick seeks restitution from occurred there.
“USA Basketball denies that Ms. Hardwick’s allegation have merit,” the motion reads.”USAB did not directly or indirectly engage in discrimination towards, harassment of, or retaliation against Ms. Hardwick. Nor did USAB condone, ratify, or acquiesce in any such conduct. However, even assuming the truth of Ms. Hardwick’s allegations solely for the purposes of this motion, Ms. Hardwick’s claims against USAB fail as a matter of law.”
The lawsuit had been continued until Sept. 28 by the Supreme Court of the State of New York by agreement of counsel representing both parties.
Hardwick filed her lawsuit claiming employment discrimination on June 11. On August 8, the deadline for the defendants to respond was originally pushed back until September 14.