Huffington Post’s Sam Stein is reporting that an amendment to the defense appropriations bill authored by Sen. Al Franken and approved in the Senate two weeks ago may be stripped from the final bill. Thirty Senate Republicans — now commemorated in the satirical web site Republicans for Rape — opposed the measure, which would prohibit government contractors from restricting workers from suing if they are sexually assaulted while on the job. But if the measure is altered or disappears, it’ll be a Democrat who’s to blame, Stein reports.
“Mulitiple sources” both inside the beltway and in defense-contracting circles tell Stein that Sen. Daniel Inouye, a Democrat from Hawaii and chair of the Senate Committee on Appropriations, may water down or remove the provision, due to pressure from defense-industry lobbyists who fear contractors will be susceptible to lawsuits.
“The defense contractors have been storming his office,” said a source with knowledge of the situation. “Inouye either will get the amendment taken out altogether, or water it down significantly. If they water it down, they will take out the Title VII claims. This means that in discrimination cases, they will still force you into a secret forced arbitration on KBR’s (or other contractors’) own terms — with your chances of prevailing practically zero. The House seems to be very supportive of the original Franken amendment and all in line, but their hands are tied since it originated in the Senate. And since Inouye runs the show on this bill, he can easily take it out to get Republicans and the defense contractors off his back, which looks increasingly likely.”
Franken’s amendment, however, also has opposition from within the Obama administration. Earlier this week, the Defense Department noted its concerns, stating, “Enforcement would be problematic, especially in cases where privity of contract does not exist between parties within the supply chain that supports a contract. It may be more effective to seek a statutory prohibition of all such arrangements in any business transaction entered into within the jurisdiction of the United States, if these arrangements are deemed to pose an unacceptable method of recourse.”
Franken’s office tells the Minnesota Independent it won’t be making a public comment on the issue. The bill is expected to be sent out of the appropriations committee sometime next week.













6 Comments »
Comment posted October 22, 2009 @ 1:11 pm
AL! Do NOT let this happen! Fight for our rights!
Comment posted October 22, 2009 @ 2:14 pm
Hmmm, defense contractors vs women…who did you THINK would win this one?
Comment posted October 22, 2009 @ 7:36 pm
Are they afraid that if KBR is told its men can’t rape women with impunity any more, it’ll take its dolly and its dishes and go home? Hey, good riddance!
Comment posted October 23, 2009 @ 12:41 am
Here’s a common sense idea, if one employee rams their car into another employee of the same company, should the company be held liable for the inappropriate behavior of that employee? We have laws that already deal with bad behavior, why should a third party be brought into a bad situation other than a “deep pockets” principle whereby thirsty lawyers find a new source of revenue out of a bad situation…
Comment posted October 23, 2009 @ 1:05 pm
Joe:
With your example it would be more like the company had said that the person whose car had been rammed was not allowed to file a civil or criminal case against the other employee but had to instead go through arbitration as specified by $company.
Comment posted October 23, 2009 @ 1:44 pm
More specifically, http://thinkprogress.org/2009/09/16/jones-sue-kbr/
” In 2005, Jamie Leigh Jones was gang-raped by her co-workers while she was working for Halliburton/KBR in Baghdad. In an apparent attempt to cover up the incident, the company then put her in a shipping container for at least 24 hours without food, water, or a bed, and “warned her that if she left Iraq for medical treatment, she’d be out of a job.” Even more insultingly, the DOJ resisted bringing any criminal charges in the matter. KBR argued that Jones’ employment contract warranted her claims being heard in private arbitration — without jury, judge, public record, or transcript of the proceedings. After 15 months in arbitration, Jones and her lawyers went to court to fight the KBR claims. Yesterday, a court ruled in favor of Jones.”
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