Settlement Reached with Former Port Hueneme Employee Who Filed Harassment Claim

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A former Port Hueneme employee claims she experienced harassment and discrimination in the workplace. Carmen Nichols, a former employee of Port Hueneme, filed a claim alleging both.

In response, Port Hueneme is to pay Carmen Nichols $550,000. While according to the terms of the settlement, Port Hueneme officially admits no wrongdoing, the settlement counts as a win. Nichols resigned from her position in August 2017 after being employed for 22 years. One month after she left, she filed a claim alleging misconduct by Hensley as well as other employees who allowed the Hensley’s harassment and discrimination of Nichols to continue.

In the complaint, Nichols alleged that City Council member Jim Hensley harassed and discriminated against her on numerous occasions beginning around January 2015 and continuing until she was finally forced to quit her job in August 2017. Harassment and discrimination aimed at Nichols were based on gender and race and was, in the words of Nichols, “continuous.” While opposing party claims Nichol has zero evidence of her claims, Nichols listed several instances of harassment and discrimination in her complaint.

Nichols claims that Hensley regularly referenced her looks, insinuated she wasn’t doing her job, opposed a pay raise for her when she was named for a promotion (even when she earned less than men in the same position), referenced her ethnicity (referring to her as a “Latina”), and openly expressed his dislike for Hispanics.

In a separate case citing Port Hueneme as Defendant filed by City Council member Jim Hensley, a judge found the federal lawsuit seeking monetary damages for lost wages and benefits related to his removal from some committees as well as emotional distress without merit. U.S. District Court Judge André Birotte Jr. granted the request for summary judgment. By granting the summary judgment, the judge essentially rules that Hensley’s claims were not strong enough to hold up in court and allow the case to move forward. Judge Birotte reviewed the Plaintiff’s pleadings as well as records of City Council meetings pertaining to the situation and determined there were no “genuine issues of material fact.” Hensley and his counsel feel the judge’s conclusion was inaccurate and plan to appeal.

If you have experienced harassment or discrimination in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.