State of Arizona v. Asarco LLC

Bad Law
773 F.3d 1050·2014 WL 6918577·125 Fair Empl. Prac. Cas. (BNA) 753·2014 U.S. App. LEXIS 23255
United States Court of Appeals for the Ninth CircuitDecember 10, 201411-17484California4,869 words

Opinion

Opinion

Thomas, J.

This appeal presents the question of whether a $300,000 punitive damages ver diet, in a Title VII sexual harassment case in which only nominal damages were awarded, comports with due process. Given the statutory scheme that governs punitive damages in Title VII cases and the circumstances of this case, we conclude that the award does not violate due process. We affirm the judgment of the district court.

I

ASARCO, LLC (“ASARCO”) operates the Mission Mine complex in Sahuarita, Arizona, near Tucson. Mission Mine includes a copper mine from which copper ore is extracted and a mill facility in which the ore is crushed, filtered, and refined. Angela Aguilar worked at the Mission Mine complex from December 2005 through November 2006. She started as a mill laborer and became a car loader operator in March 2006. A month later, she then became a filter operator in the filter plant and two months later, a rod and ball mill person. Aguilar alleges that during her time at ASARCO, she was subjected to sexual harassment, retaliation, intentional infliction of emotional distress, and was constructively discharged from her employment.

The State of Arizona filed suit against ASARCO…

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