Less than a year after ASARCO--a copper mining and refining company--hired Angela Aguilar, she reportedly resigned due to the pervasive sexual harassment suffered at the hands of her male co-workers. (Aguilar was allegedly subjected to verbal abuse, daily advances, and targeted sexual graffiti.)
When she later filed suit, although ASARCO was hit with $300,000 in punitive damages, the lady was only awarded $1 in nominal damages.
On appeal, ASARCO claimed that outcome was constitutionally violative. And the Ninth Circuit Court of Appeals agreed--noting that punitive damages must be "reasonably related" to the compensatory and nominal damages awarded. Because that relationship was disproportionate in this case--the "highest ratio" the appellate panel's survey had uncovered--the judgment was vacated and the matter remanded for a new trial, unless Aguilar was willing to accept $125,000; an amount the Ninth Circuit thought was appropriate under the circumstances.
Now was that punitive?
To view a copy of the Ninth Circuit's decision, please use the following link: Aguilar v. ASARCO, LLC