FALMOUTH (AP) – A Muslim man who won a lawsuit alleging workplace harassment but failed to win damages is taking his appeal to the U.S. Supreme Court.

A federal jury last year sided with Afghani immigrant Abdul Azimi of Portland in finding that harassment from co-workers at Jordan’s Meats created a work environment that “was hostile to his race, religion or ethnic origin.” But jurors awarded no damages because it concluded Azimi was not hurt by the conduct.

His lawyer said the harassment became more intense after the Sept. 11 terrorist attacks of that year.

Part of the appeal filed last week focuses on the different ways in which federal appeals circuits handle punitive damages, said Daniel Bates, one of Azimi’s attorneys.

The 1st Circuit Court of Appeals in Boston bars punitive damages unless there’s first an award of compensatory damages, Bates said. Since there were no financial damages, then Azimi was ineligible for punitive damages, the attorney said.

AP-ES-11-28-06 1603EST