Congress legislates against gang rape

Updating an earlier blog, Sen. Al Franken (D-MN) proposed an amendment to the 2010 Defense Appropriations bill that would withhold defense contracts from companies like KBR “if they restrict their employees from taking workplace sexual assault, battery and discrimination cases to court.”

This amendment was a clear response to the legal strategy adopted by Halliburton Co, which attempted to claim that sexual assault is related to the employment of its workers. The Fifth Circuit recently rejected that argument in Jones v Halliburton, 5th Circuit, Sepember 15, 2009, ruling that tort claims stemming from a gang rape of a former Halliburton employee were not subject to the binding arbitration clause, utilized by the company, that mandates arbitration of all claims "related to employment."

Franken said: "The constitution gives everybody the right to due process of law ... And today, defense contractors are using fine print in their contracts to deny women like Jamie Leigh Jones their day in court. ... The victims of rape and discrimination deserve their day in court."

The amendment passed 68-30. Of the 40 Republicans in the Senate, 10 voted for the Franken amendment, including all four women in the Senate GOP. Jeff Sessions (R-AL) argued against it, putting the interests of corporate behemoths over individual employees, calling the amendment a political attack against Halliburton. From this perspective, it seems like a political attack against gang rape and a political stand in favor of giving employees their just day in court.