Did 30 brave Republicans just vote to protect gang rape at the workplace?
You shall not take the name of the LORD, your God, in vain. For … God has come to you only to test you and put his fear upon you, lest you should sin.
Exodus 20
Abide your Lord, Exodus tells us. For God will test your faith one day and smite you for your sins. But exactly who was being tested here by their God? Was Halliburton testing the Republican wing or were trial lawyers testing the Democrats? And what about the real victim here, Jamie Leigh Jones. Will this help or hurt her case?
Background: Freshman Senator, Al Franken, proposed an Amendment to allow victims of gang rape in the workplace to seek recourse in court instead of being forced into arbitration by their employer. The story of Jamie Leigh Jones has since become a touchstone for Civil Rights. Ms. Jones, while an employee of KBR (a subsidiary of Halliburton), was gang raped at the age of 19 in Iraq. The disturbing story of her rape, detainment, and suppression are available here.
Franken’s no-brainer Amendment passed 68-30, almost strictly along party lines. Why would 30 Republicans vote no? The Heritage Foundation would have you believe that the Franken Amendment sought to reward trial lawyers who raise frivolous suits against corporations.
How will Republicans thank Franken for making them look bad?
But what’s the real story behind the Franken Amendment?
Franken’s amendment applies to private contractors receiving federal funds for the fiscal year ending September 30, 2010. The Amendment prevents appropriated funds from being given to a contractor who force resolution through arbitration of “any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.” Title VII of the Civil Rights Act prohibits employer discrimination on the basis of race, color, religion, national origin.
The Franken Amendment shifts power to individuals from corporations but may also lead to the legal morass the Heritage Foundation suggests. One can envision a scenario in which a government contractor may hastily award a settlement for a relatively minor infraction (negligent supervision) to avoid losing billions in federal grants.
Outcome: Ms. Jones, after 3 years of battle had won the right to sue in court prior to the passing of the Franken Amendment. Everyone but Halliburton and KBR agree 3 years was an unreasonable period for redress.
Conclusion: Franken handcuffed senators who believe in limiting the power of trial lawyers by citing the case of Jamie Leigh Jones. Thus, the callous corporate culture at Halliburton has led to a sea change in worker rights. Expect trial lawyers to ride on the coat-tails of this one. Democrats successfully pushed through a bill expanding worker rights by capitalizing on a young woman’s courageous battle. Voting against a drugged, gang-raped teenager, held captive by America’s most hated corporation is never good politics though. Expect those 30 Republicans to lose some votes over this one. But Halliburton won’t forget how these brave Republicans fell on their sword for them.
Love that Franken pic! Frankenstein