REJECTED BIAS VERDICT ANGERS LAWMAKERS.

Byline: Janet Gilmore Daily News Staff Writer

U.S. Rep. Maxine Waters and Assemblywoman Sheila Kuehl on Monday protested a judge's decision to throw out an $11.1 million racial discrimination verdict against Pitney Bowes Inc.

The lawmakers, concerned that biased judges might be blocking appropriate jury verdicts, have vowed to hold information-gathering hearings within 60 days.

``We are extremely disturbed because it (current law) seems to allow judges to undermine the very intention of anti-discrimination statutes,'' said Kuehl, D-Encino. ``We cannot allow judges to overturn jury verdicts simply out of their own prejudices.''

In September a jury awarded plaintiff Akintunde I. Ogunleye $2.6 million for emotional distress and economic loss, plus $8.5 million in punitive damages for racial taunts, discriminatory work assignments and other allegations.

But earlier this month, Los Angeles Superior Court Judge Malcolm Mackey threw out the jury's entire verdict and found in favor of Pitney Bowes, an international company known for its postage meter business and other mailing services. The company is worth an estimated $1.9 billion, according to court testimony.

In his written decision, the judge said, ``This award is so disproportionate to the injuries, damages and conduct and so unsupported by the evidence that it shocks the conscience of this court. . . .

``Is our society so fragile that a salesman cannot take isolated comments? . . . This is a country of pioneers and immigrants who forged their way across the many hazards and dangers to reach the West, and to allow isolated statements and rudeness of our employees to destroy our business and legal communities is unwarranted.''

Ogunleye, a Nigerian salesman who broke numerous company sales records, claimed he was denied promotions and forced to endure racial taunts.

Attorneys and executives for the company could not be reached Monday afternoon for comment.

Margaret Henry, Ogunleye's attorney, plans to appeal the judge's actions but remains concerned that damage already has been done.

``When judges throw out verdicts, the corporations think they're off the hook and . . . (need) to do nothing about discrimination'' she said.

Kuehl said she is especially concerned since proponents of anti-affirmative action laws contend such protections are no longer needed and point to anti-discrimination statutes as safeguards.

Both Kuehl and Waters, D-Los Angeles, said their actions were prompted by the fact that the Ogunleye case marks the third time in recent years that a local judge has thrown out a substantial jury award against a corporation accused of discrimination.

Mackey, the judge in the Pitney Bowes case, overturned a similar case involving an $89 million verdict against Hughes Aircraft two years ago, Henry said.

Another judge overturned a $20 million verdict against Texaco in a sexual harassment case.

Waters, the newly elected head of the Congressional Black Caucus, said ``the Pitney Bowes case and two earlier cases leave no doubt that we still have a serious and continuing problem with discrimination in the corporate workplace.

Waters plans to invite executives from Pitney Bowes, Texaco and Hughes to the hearings.