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Employment Law
Wrongful Termination
Sexual Harassment

Loren Peterson v. Bowne of Los Angeles Inc., Bowne & Co. Inc.

Published: Mar. 22, 2001 | Result Date: May 30, 2000 | Filing Date: Jan. 1, 1900 |

Case number: BC198904 Verdict –  $3,433,240

Judge

James R. Dunn

Court

L.A. Superior Central


Attorneys

Plaintiff

John B. Marcin


Defendant

Robert Malionek

Robin D. Dal Soglio


Experts

Plaintiff

Michael P. Ward
(technical)

Defendant

Randi L. Firus
(technical)

Facts

Plaintiff Loren Peterson, the former president of Bowne of Los Angeles and the entire western region, sought
damages for the loss of wages and benefits for being terminated for two incidents of alleged sexual harassment
of a former employee. The plaintiff claimed that the real reason for his termination was that he had
management disputes with New York corporate officers, who wanted to get rid of him. The New York officers
had even brought in a person to replace Peterson and then when the two allegedly minor incidents occurred,
they used them to terminate him.
These two incidents allegedly happened in February 1998 while Peterson was on a company trip to Club Med
in Hualtuco, Mexico with his wife and daughter. Peterson allegedly went at his wifeÆs urging to try to have a
good time and relax, as his mother had passed away from a sudden illness a couple of months before and his
brother was dying from cancer. While under the influence of alcohol, Peterson allegedly told a secretary with
whom he was dancing that she was a "cute girl" and moved his face to kiss her, allegedly saying that "you
shouldnÆt keep yourself covered up."
The defendantÆs investigation found that the plaintiff removed the secretaryÆs shawl, and, referring to her
breasts, told her "those are too nice to be covered up." Knowing that Peterson couldnÆt be terminated except for
good cause, corporate officers in New York allegedly decided to use this incident to terminate him and claimed
that he was guilty of a serious violation of the companyÆs sexual harassment policy.
Although defendants claimed that plaintiffÆs conduct required termination, the jury found that the reasons for
termination were pretextual. The jury apparently determined that Peterson was fired not because of the
egregiousness of his conduct nor because of the companyÆs sexual harassment policies actually required
termination, but because the company wanted him out.
The plaintiff claimed that the sudden loss of the only work he had ever known and the loss of income was
staggering for him. The plaintiff had worked in financial printing his whole life - a majority of the time for
Bowne - and he had earned over $500,000 in 1997 before he was fired in 1998.

Settlement Discussions

The plaintiff demanded $1.5 million, while the defendant offered $400,000.

Damages

The plaintiff claimed that his lost wages were between $400,000 to $5 million.

Deliberation

2.5 hours

Poll

12-0

Length

13 days


#107008

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