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PostPosted: 01/26/10 6:08 am • # 1 
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This case belongs in court, which is exactly what KBR does NOT want because of the greatly elevated liability ~ too many other women have come forward to pretend this was an isolated incident ~ demanding arbitration, vs court, in cases of sexual assault to me screams that the company knows it happens but is not interested in protecting its' female employees or in reining in the "extracurricular activities" of its' male employees ~ disgusting ~ in the extreme ~ Image ~ Sooz 


KBR Calls Former Employee Jamie Leigh Jones, Who Was Gang Raped By Co-Workers, A Liar

Ever since its contract employee Jamie Leigh Jones went public with allegations that in 2005, she was drugged and gang raped by some of her co-workers in Iraq and then detained in a storage container, KBR/Halliburton has fought her efforts to sue in a public courtroom. Jones had been forced to sign a mandatory arbitration agreement as part of her employment contract, which required her to bring any work-related claims before a private arbitrator hired by KBR rather than a jury. Jones fought the agreement and in September, prevailed in one of the most conservative federal appeals courts in the country. Her story persuaded Sen. Al Franken (D-MN) to pass legislation to ban defense contractors from using arbitration agreements in cases of sexual assault.

But last week, KBR signaled its intention to continue fighting Jones, no matter how bad it makes the company look. On Jan. 19, it petitioned the Supreme Court to overturn the 5th Circuit Court of Appeals decision allowing Jones to press her case in a civil court rather than in arbitration. Among its many arguments in favor of a high court hearing: that Jones is a media whore who has “sensationalize[d] her allegations against the KBR Defendants in the media, before the courts, and before Congress.â€



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PostPosted: 01/26/10 6:53 am • # 2 
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Ok, this doesn't sound good, but, she has merely won the right to pursue her case in court, which I firmly believe she deserves.  But, she has not yet proven her case, so it's premature to take her side and believe that it is the truth.  That is what she has fought for- the chance to prove it.

Disclaimer- this in no way means I support KBR


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PostPosted: 01/26/10 6:59 am • # 3 
I don't think she would have fought to win the right to persue her case in court if she really didn't have a case to begin with. Unfortunately, in the strictest sense it could boil down to a "he said - she said" for lack of physical evidence or witnesses. My feeling is that KBR is walking down a dangerous path. They'd be better off to settle this and get it over with.

BTW... I share your disclaimer.


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PostPosted: 01/26/10 7:06 am • # 4 
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WOW ~ WOW ~ WOW ~ from below: "Jones' employment contract — created for the company by then-CEO Dick Cheney —" ~ what a surprise ~ NOT ~ Image ~ Sooz


In 2005, Jamie Leigh Jones was gang-raped by her co-workers while she was working for Halliburton/KBR in Baghdad. The attack occurred while she was out with a “small group of Halliburton firefighters,â€



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PostPosted: 01/26/10 7:13 am • # 5 
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Good points, queenie and Sid ~ a significant problem for me in this case is ANY company viewing sexual assault as "a workplace inury - nothing more" ~ that view is based firmly in the effort to limit company liability ~ and responsiblity to its employees ~ that view, IMO, is demeaning, sexist, and immoral ~

Sooz


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PostPosted: 01/26/10 9:22 am • # 6 
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sooz08 wrote:
Good points, queenie and Sid ~ a significant problem for me in this case is ANY company viewing sexual assault as "a workplace inury - nothing more" ~ that view is based firmly in the effort to limit company liability ~ and responsiblity to its employees ~ that view, IMO, is demeaning, sexist, and immoral ~

Sooz
That much I can agree with.


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PostPosted: 01/26/10 9:43 am • # 7 
I don't know if it's this way in the US but up here in Canada, if a clause or portion of a contract is contrary to the laws of the land, you are not obliged to honour it even if you've signed it. This came up when the company I was working for was taken over by another in a hostile acquisition. The people that the new company laid off were pressured to sign a contract that stated they wouldn't be involved in the same type of business or contact any of the companies clients for a period of five years. If they didn't sign it, their severance packages would be witheld. That's not legal in Canada. The Canadian Supreme Court determined that a former employer cannot determine or jeopardize a former employees future. Well... this new company was an American company that refused to abide by Canadian law (and traditions) on a number of fronts and they decided to forge ahead with these contracts. The laid-off employees were advised by legal counsel to go ahead and sign the contract because they weren't required by law to abide by it. When the company tried to sue one of the laid off workers for breach of contract, their Canadian legal team told them they didn't have a leg to stand on.  


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PostPosted: 01/26/10 10:01 am • # 8 
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The problem is, you have to get into to court to assert that right, which in this case was denied, until now. In your example, the courts were the guardians of the rights.  Here people sign liability waivers all the time giving up their right to sue, then sue anyway if the court will accept the case.  There are certain protections that you cannot sign away, even if you do.


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PostPosted: 01/26/10 10:17 am • # 9 
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There are certain protections that you cannot sign away, even if you do.

Wouldn't your "sanctity of person" be one of them? ie. the reasonable expectation that you won't be raped or that rape wouldn't be considered as "part of the job". What KBR is defending is indefensible.


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PostPosted: 01/26/10 1:15 pm • # 10 
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KBR gives evil corporations a good name. ;]


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PostPosted: 01/27/10 6:43 am • # 11 
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Sidartha wrote:
Quote:
There are certain protections that you cannot sign away, even if you do.

Wouldn't your "sanctity of person" be one of them? ie. the reasonable expectation that you won't be raped or that rape wouldn't be considered as "part of the job". What KBR is defending is indefensible.
Absolutely- but she didn't sign away her sanctity of person, she agreed to give up her right to pursue justice in a court of law and agreed to use the company's arbitration process.  That is what is at issue.  She won her case- the right to pursue justice in court.  Now she must prove that she was detained and assaulted.

  


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PostPosted: 01/27/10 7:51 am • # 12 
That should have been "a given"... I guess the Franken Amendment was really needed. I'm surprised that it would even be called into question and she had to fight her way through the courts so she can seek justice in the courts. That seems rather convoluted.

Land of the Free (doubtful) Home of the Brave (You'd better be... you're gonna need it.)


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PostPosted: 01/27/10 8:04 am • # 13 
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Unfortunately, the Franken Amendment only applies to entities doing business with the government- other private businesses can continue to make employees sign such agreements.


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PostPosted: 01/27/10 8:43 am • # 14 
That's disgusting. I would have thought the rule of law would have precedence over contractual law. In other words, contracts would have to conform with the law. Good Lord your corporations have got it e-a-s-y.


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PostPosted: 01/27/10 9:02 am • # 15 
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Ultimately, the rule of law presides over contract law most of the time, but you've gotta spend a lot of money to get into court and prove it.  Over the last twelve years, corporations in America hve gained more and more, while the rest of us don't even know what has been taken from us.


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PostPosted: 01/27/10 9:11 am • # 16 
And that's just the way the trans-national corporations want it. When "globalization" and "free trade" were the buzzwords (not long ago) I warned whoever would listen that this would mean policy will be decided in corporate board rooms and not by democratically elected governments. Of course, back then I was dismissed as being one of "them radical left wingnuts", but I don't think I was too far off the mark. Jamie Leigh Jones is proof of that. When a corporation can excuse rape (and quite probably other heinous crimes) and even have a venue to defend that clause, that is an indicator to me that things are way out of whack.


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PostPosted: 01/27/10 3:50 pm • # 17 
I agree with Queenie on this. Afterall, what IF she IS lying? As horrid as the idea of a company turning a blind eye to rape or sexual harassment is, there are also women who really will lie about such a thing for screwed up selfish reasons, and I think that is just as abhorrent. A court really is the place to decide if the evidence really exists to support the claim.


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