Rape Case Highlights Arbitration Debate
by Wade Goodwyn
NPR’s All Things Considered, June 9, 2009
If you would like to listen to this 8 minute show on NPR’s All Things Considered click HERE
Jamie Leigh Jones was a 20-year-old Halliburton employee in 2005 when she was sent to work in Iraq. She’d been there just four days when she joined a small group of Halliburton firefighters outside her barracks at the end of the day. One of them gave her a drink. She took two sips, and Jones says that was the last thing she remembered.
“I woke up inside the barracks,” she says. “It was actually inside my barrack room, and that’s when I noticed I had been severely beaten and was actually naked.”
Jones had been raped, repeatedly. By how many men, she’s not sure. But she says one man was still naked and asleep in the room when she came to.
“Apparently, he knew he was beyond the reach of any jurisdiction, so he was still brazen enough to be there,” she says.
Jones was escorted by security to the company clinic for a rape examination. When the rape kit examination was done, the evidence was turned over to Halliburton security.
The young woman’s breasts were so badly mauled that she is permanently disfigured. It has been four years since the attack, and despite the physical and circumstantial evidence, the Department of Justice has declined to investigate.
Seeking Justice Through a Suit
Justice Department officials refused to explain or comment in any way to NPR about the case. Jones has decided that if she can’t have her day in criminal court, she’ll sue Halliburton and its former subsidiary, KBR, in civil court.
“I want corporate accountability,” she says. “I was so brutalized that I’m going to have to remember this the rest of my life. And Halliburton was so uncompassionate that they even let the men work there, still, after I went home.”
Heather Browne, director of communications at KBR, says that while the company can’t speak to the facts since the case is ongoing, it denies any liability in the attack. And she argues that any dispute with Jones, even one involving charges of rape, must go to arbitration.
So Jones is now going to court seeking the right to sue. She has become one of the nation’s leading arbitration reform advocates.
An Arbitration Culture
If Jones’ case is remarkable, the fact that arbitration is involved is not. In the past 20 years it has become a dominant feature in the legal relationship between American corporations, their employees and their customers.
If you use credit cards, have a cell phone contract, bought a house from a builder or put your mother or father in a nursing home, you have very likely signed away your right to be heard in court if there’s a problem. It’s called pre-dispute mandatory binding arbitration.
Public Citizen’s David Arkush, one of the country’s leading researchers on arbitration, says many consumers have no clue as to the rights they’re signing away.
“In the fine print of those contracts is a provision that says that they can never sue the company if they have a dispute,” Arkush says.” Instead they have to go a private, secret tribunal chosen by the company.”
A Losing Record For Consumers
Arbitration is a closed, private process, often with little or no written record. But one state, California, changed its law to require that arbitration results be publicly recorded. Public Citizen staff reviewed 34,000 California cases, and Arkush says the results speak volumes.
“Overall, consumers lost 94 percent of the time,” he says.
The arbitration industry disputes that number. But it does not disagree that corporations win more of the time. The disagreement is about whether this is evidence of bias or a reflection that corporations bring stronger cases.
Mike Kelly, spokesman for the National Arbitration Forum — one of the country’s largest arbitration firms — says it’s the latter.
“You’re not going to bring a case that you’re going to lose,” he says. “Frankly, you’re not going to bring a case that you think you have a chance to lose.”
Kelly says the results would still be lopsided if these same cases went to court instead of arbitration. And Kelly says his arbitrators, which the NAF calls neutrals, are men and women without bias.
“What you’re really doing is taking a shot at all those individual neutrals who are handling these cases,” he says.
Rulings And Consequences
Elizabeth Bartholet was one of the NAF’s arbitrators for a time. She’s a law professor at Harvard and for two decades has moonlighted as a part-time arbitrator. The first 19 cases she arbitrated for the National Arbitration Forum were all credit card cases. She ruled each time for the credit card company.
Then, on the 20th case, she ruled for the consumer. After reviewing the evidence, Bartholet awarded the cardholder $48,000. And with that, her career as an NAF arbitrator was effectively over. She says she was stricken from her remaining cases.
“I called the NAF and spoke to the case manager, and she agreed the reason I was being removed was because I had ruled in this one case against the credit card company,” Bartholet says.
The NAF says nothing improper was done, that companies and consumers alike are allowed to strike an arbitrator from a case. Bartholet counters that arbitrators know full well that if they rule against corporations too often, their income will dry up.
“NAF arbitrators are given a form where every line is filled out in terms of the amount it is suggested that you rule,” she says. “And so all you need to do is fill in to the right [of that line] the exact same number. And then at the bottom, you total it up and they give the attorneys’ fees number. And there’s no indication that you should even write a one-sentence opinion.”
Bartholet says nowadays, she will arbitrate only when both parties are roughly equal in power and enter into arbitration voluntarily.
Push For Reform
The Arbitration Fairness Act now before Congress would ban clauses that make arbitration mandatory for the resolution of disputes — restoring to consumers and employees the choice of taking their case to court.
Lisa Rickard, president of the U.S. Chamber of Commerce’s Institute for Legal Reform, says that making arbitration voluntary will lead to its extinction.
She also says it will clog the courts with needless litigation. “It really is human nature,” she says. “When people have an argument, they really want to fight it out. And the best place to fight it out is in court.” (click HERE for the original article)
I would also like to add, if you were in Baghdad’s Green Zone at KBR’s Camp Hope on or after July 28, 2005 and have ANY information or heard any “scuttle butt” about the rape of Jamie Jones please send me an email by clicking HERE.
Ms Sparky
Here’s another great article on this KBR rape case and the issues with secret arbitration.
http://chattahbox.com/us/2009/06/10/iraq-rape-case-stresses-dire-need-for-arbitration-reform/
It’s like the “hostile environment” aspect of sexual harassment case law, the Catch-22 of equal rights. On the one hand, if KBR had refused to hire a woman for Iraq contractor employment, they’d have been guilty of illegal discrimination. On the other hand, they send a 20-year-old blonde into a male-dominated work environment in the middle of a war zone and she gets raped, and the corporation is held liable for the crime.
I’m not in any way condoning this criminal act, but “scuttlebutt” said that she was a problem child at the Houston headquarters and was transfered to Iraq, where she decided that it was a cool thing to party with a bunch of guys.
She is partially responsible for the incident.
Ms Sparky’s Response:
Alright Jimbo-as a long time quality contributor to MsSparky.com I am going to cut you a “little” slack.
First of all-You don’t get transferred to Iraq from HQ.
Second-With at least a 1-100 woman to man ratio just who do you party with? I partied with my men friends all the time. Did you party with your men friends? Was I expected to just lock myself in my trailer!!
Third-I started my electrical apprenticeship in 1979. I was 19 years old. Very blonde, very “perky” 110 lb farm girl. I was sent to work on a big big big construction job, maybe 3000 guys and maybe 5 women. Just because I was trying to learn a trade, did that make it my fault that I was constantly harassed and grabbed and stalked and followed and manhandled. Guys actually showed up at my house after work. I actually had to stop wearing white t-shirts to work because they showed the dirty hand prints where the guys were grabbing my boobs. That’s when I started wearing bib overalls and carrying a knife. That’s when I started acting like a man hating bitch on the job. That scared some and only encouraged others.
Fourth- If it had been a man that was raped, an American, a local, a TCN would that have been different. Would they have been asking for it to. There have been many male rapes in the Middle East. The problem is the vast majority of victims don’t come forward.
I will tell you what the problem is. KBR DID NOT draw a line in the sand and say….this behavior will not be tolerated. If you commit a crime we will hand you over to the authorities. And then follow through. Your punishment was determined by who you knew and what kind of dirt you had on them.
She is only guilty of exercising bad judgment in trusting her scum co-workers. It should of never happened… period.
Ms Sparky’s Response:
Ditto that!! Would it have been different if the victim would have been an American man or a Local or a TCN?
So because you are 20 and blonde you are fair game for a KBR Troll? No woman deserves to be raped or assaulted!
If you are walking down the street wearing a Rolex watch are you asking to be mugged?
Get your head out of your nether regions dumbass!
Ms Sparky’s Response:
Or I could have said it just like that. I would like to add that No “ONE” deserves to be raped or assaulted. Men were not immune from rape and assault.
What can people who disapprove of the way Halliburton and KBR conduct their business do to show support for these people? Are there products and services we can boycott? Write to members of congress so contacts can be revoked
I am sickened to see Americans (and their own employees) treated so shabbily by a company that is supposed to be representing our American values abroad. I hope she is able to find justice in or out of the system – her attackers found a way.
Ms Sparky’s Response:
Start with your State Senators and House Representatives. Ask them to vote YES on any legislation that protects the rights of employees working on US Government funded projects anywhere in the world and any legislation that makes it easier to debar a contractor who’s employees have been found guilty of contract crimes while employed by that contractor. And make it easier to debar any contractor who consistently produces substandard work.
I don’t know the facts of the case but I hope justice will be served. Remember she’s someone daughter and someone’s sister. I wonder how Heather Brown or any other KBR management type would react if it were their child. This is one example of many unjustified acts of documented brutality excluding the negligence deaths of American serviceman and women.
Ms Sparky’s Response:
Very well said. I may have to quote you on that one.
They should let the perps be turned over to the Iraqis.
Then they can experience mid-east justice., perhaps do time in Iraqi prison.
Ms Sparky’s Response:
I hear that!! Maybe that would be a deterrent!
You don’t wear a Rolex walking thru the hood.
Ms Sparky’s Response:
Really?? Then what’s the big deal with all the “bling bling”?
Baboo, you obviously never had the pleasure of getting the pre-flight security briefing and pat-down from the tattooed wonder at Anaconda. He truly represented KBR with style, finesse and bling. He even added some threats so you wouldn’t forget who you worked for.
Ms Sparky’s Response:
Pat down?? Oh I don’t thinks so. I’m afraid I you would’ve had to haul me off in cuffs!
True, I have not had the distinct pleasure of meeting the “Illustrated Man,” based upon a Ray Brabury story. Everytime he sweats a tattoo comes to life to tell the story of its origin.
Possibly single point needle work with no color. Sounds like prison Tat’s to me. After 100,000 KBR employees have been processed over the last several years who left to run the show? Convicts!!
Ms Sparky’s Response:
Or “soon to be” convicts. One can only hope that justice will prevail. And good will triumph over evil.
I once used the word “perky” to describe another female in college once. The following day my future wife decided to show up and investigate. Let’s just say I caught hell for using this type of vernacular. I asked another female to provide a definition. She said directly referred to a women’s upper extremity. I also once called female probation officer 20 years ago, “babe”…only from habit of calling everyone babe. I was quickly reminded she did not like the word. I’m glad I didn’t say that one to the judge. In short language skills are important when trying to leave a positive and lasting impression or exiting a tense situation.
Ms Sparky’s Response:
Yes…perky is one of those words with a dual meaning. I did mean “upper extremity” not personality.
I’m sure your husband can vouch for that one. Your too funny
Ms Sparky’s Response:
That was 30 years ago.
Yes, at Anaconda you were patted down, wanded and your luggage searched before you were allowed to board the bus to the flight line.
Ms Sparky’s Response:
Patted down? That is just so much BS. Did the managers get patted down….or were they the ones doing the patting down? 2004-2006 I was never patted down. I’m not sure anyone from KBR had the guts to try to do a security pat down on me because I would have damn sure gotten arrested.
There was one incident after the Mosul DFAC bombing when I went over to another DFAC in the Green Zone for Christmas dinner and as a security precaution military personnel (men and women) were doing security inspections and pat downs prior to entry. They were checking everyone including US military. I can’t say as I blame them.
OK, ONLY the military have the right to pat down, KBR are Wakenhut and nthing more, they have the ability to observe and report and if they see something suspicious that is life threatening then they can act in defense BUT, pat down is not considered as appropriate or allowed UNLESS, they ask and you allow but even then you can tell them where to pat and they are NEVER allowed to pat near the genitalia or vevn close. They can ask you to stay where you are while they call an MP to pat you down if they think such is required but they cannot detain you, only request that you wait where you are or somewhere that you can be found and then they can keep you under observation in case you are trying to hide something so they could report anything thrown by you and where.
Remind them that they are only guards and NOT officers with enforcement powers, if they want to look in your bag YOU empty it for them or give explicit permission for such, the papers on the wall stating that they have the right are for threats only and not legally binding, remember that we only signed an employee agreement and not a legally binding contract.
Ms Sparky’s Response:
Here here!! Only official officers of the law ie…MP’s, Federal Marshall’s, FBI, can pat me down. And if they were attractive that wouldn’t hurt either.
“Ms Sparky’s Response:
Alright Jimbo-as a long time quality contributor to MsSparky.com I am going to cut you a “little” slack.”
“WTF JIMBO said,on June 21st, 2009 at 7:39 pm So because you are 20 and blonde you are fair game for a KBR Troll? No woman deserves to be raped or assaulted! ”
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OK. Fair enough. I thought my comment would push a lot of people the wrong way.
Now, can anyone point to where I wrote that Jones deserved to be raped or assaulted?
I thought so. You can’t. I presented the double edged sword and you cut yourself with it. You asked for “scuttlebutt” and I provided it.
1. “Scuttlebutt” (aka rumor) said that she was transfered from Houston to Iraq. In fact, the same “scuttlebutt” appears on Wikipedia:
http://en.wikipedia.org/wiki/Jamie_Leigh_Jones
2. I was a medic who was sick of looking at all the whiners day-in and day-out. Yes, I stayed in my hooch so some opportunistic clown would not have an excuse to present his favorite disease process to me. Unlike some other trades, I wasn’t accorded the opportunity to have a drink every now and then (yes, it was available, GO#1 or not). I had to stay in control in case a medical emergency presented itself.
3. Obviously, you adapted to the situation by wearing coveralls and adopting a hostile attitude.
4. Ms. Sparky, you also wrote: ” KBR DID NOT draw a line in the sand and say….this behavior will not be tolerated. If you commit a crime we will hand you over to the authorities. And then follow through.”
Actually KBR did draw a line. It was called “unwanted touching” and people could be terminated for it. It was in place for years.
I had the opportunity of having two terminated after they decided to put their grubby mitts on me in my clinic.
Now, this garbage that Patty B. (HR) would brief about sexual relations was too easily misunderstood, especially by the low-educated crowd. She stated, and I quote, “You are permitted to have sexual relations while in Iraq”. Many newbies took that as an opening for a free-for-all.
The Military Extraterritorial Jurisdiction Act was not yet in effect hence, there were no “authorities”. The military wasn’t going to handle it. Contractors were free to commit many crimes in the AOR and they did.
BTW- you may be interested in this link. The Arbitration provision was defeated:
http://www.kellylawfirm.org/Halliburton.html
Ms Sparky’s Response:
I’m familiar with the Kelly Law Firm and the fact they were able to get past that crazy secret arbitration clause. That is a great step in the right direction for the rights of ALL KBR employees.
And, KBR may have drawn a line somewhere in the sand but it was crossed all the time. Some people may have been terminated but some where not. It all depended on who you were and who you knew. Or what kind of dirt you had on some one. It was very inconsistent from camp to camp. There in lies a lot of the confusion with people.