Contractors “ill-prepared” for consequences of hiring criminals???

Franken amendment threatens to take funds from contractors

2010 Defense Appropriations Act provision witholds money from contractors using employee arbitration clauses

By Matthew Weigelt • Feb 22, 2010

Contractors, particularly large defense companies, are ill-prepared for a provision of the 2010 Defense Appropriations Act that stops funds from going to companies that require employees sign arbitration clauses.

Known as the Franken amendment for its sponsor Sen. Al Franken (D-Minn.), the provision gets the federal government more deeply involved in the employer-employee relationship at defense contractors and other companies.

The amendment, which went into effect Feb. 17, prohibits a contractor or subcontractor from receiving any government money in fiscal 2010 if they require employees or independent contractors to sign arbitration clauses. The amendment also bans defense companies from enforcing any existing agreements.

Arbitration is a process by which two parties, such as an employer and an employee, go to a third party to resolve a conflict. It’s a step away from a lawsuit. (Read the rest of the story here…)

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KBR’s don’t ask, don’t tell policy against rape victims

"Hear No Evil - See No Evil - Speak No Evil" KBR employees from Left to Right (L) Richard Harsey-Plumber-Camp Harper (C) Rick Solomon-Security Coordinator-Camp Harper (R) Eric Barnhart- Security Manager for T-Sites including Camp Harper (photo allegedly taken by William Risner Feb 2008)

Raped and Drugged at KBR, Woman Says

By CAMERON LANGFORD – Courthouse News Service – January 29, 2010

HOUSTON (CN) – At least two fellow workers drugged, raped and sodomized a paramedic working for Kellogg Brown and Root in Iraq, after KBR failed to warn her about the numerous sexual assaults that KBR employees had inflicted upon other women there, the woman says in a federal complaint.

The plaintiff was hired as a paramedic/medic in July 2007 and after her first assignment in Iraq was assigned to Camp Harper outside of Basra, where she says she was brutalized on Feb. 3, 2008.

She says she began to feel strange after drinking a screwdriver with some of her civilian colleagues after work that night on base. While she was incapacitated, she says William Risner, a KBR employee, led her to his room where Risner and a “special forces agent” identified only as “Jason” raped and sodomized her together, she says. (Read the rest of the story here…)

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KBR’s Bill Bodie babbles in Yankton

This is me responding to your bogus propaganda Bodie.....if of course I were an angry cat!

KBR President, Bill Bodie is out there trying to sell his “KBR snake oil” again. He actually took the time to responded to a letter from a reader about the Franken Amendment in a small town newspaper in Yankton, South Dakota. KBR must be absolutely desperate. Here’s my latest addition to my “Bodie Babble” category.

Response To Letter

Published: Friday, January 22, 2010 1:20 AM CST
William C. Bodie, Houston
President, KBR North American Government and Defense

Many of the statements in the letter entitled “Cases of Rape” (Press & Dakotan, Jan. 15) are based on erroneous reports regarding the Jamie Leigh Jones case, and misinformation on Sen. Franken’s amendment. KBR would like to set the record straight. (Read the rest of the story here…)

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Defense contractors must now air dirty deeds in public

Defense contractors such as KBR can no longer hide behind the closed doors of secret binding arbitration for serious issues such as discrimination, harassment, rape and assault. No longer with KBR and others be able to violate Title VII Laws and then just sweep them under the rug behind closed doors. Those abusive criminal managers who have been in place for years are finally going to cost them some money and Heather Browne, KBR’s Communications Director is going to be working overtime. Well done, Jamie Leigh Jones and thank you Al Franken for taking these issue seriously. Hopefully this is just the first in a series of laws to protect defense contractor employees.

For those who respond to every dispute or disagreement here on MsSparky.com with “You signed a contract”. You can’t sign away law! (Read the rest of the story here…)

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Yes, KBR, Congress is Talking About You-Huffington Post

Another insightful story from The Huffington Post! Well done!! To read any of the 100’s of post I have publish on KBR just pick a category on the left!

David Isenberg – Huffington Post
Author, Shadow Force: Private Security Contractors in Iraq
Posted: December 26, 2009 03:29 PM

Although it was not mentioned by name there are some provisions in the FY 2010 Defense Appropriations bill which are very clearly aimed at KBR, the former Halliburton company. These are not the sort of provisions that will be making KBR officials happy.

Consider Sec. Sec. 8116, “Limitation on Availability of Funds for Execution of Contracts Under LOGCAP.” It says:

No later than 90 days after enactment of this Act none of the funds appropriated or otherwise made available by this Act may be obligated or expended for the execution of a contract under the Logistics Civil Augmentation Program (LOGCAP) unless the Secretary of the Army determines that the contract explicitly requires the contractor–

(1) to inspect and immediately correct deficiencies that present an imminent threat of death or serious bodily injury so as to ensure compliance with generally accepted electrical standards as determined by the Secretary of Defense in work under the contract; (Read the rest of the story here…)

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Franken amendment moves forward, the “dirty thirty” back pedal

bill to law

Rape case to influence rules for contractors

By JENNIFER A. DLOUHY
Houston Chronicle
Dec. 16, 2009, 7:39PM

WASHINGTON— Prompted by the alleged rape of former KBR employee Jamie Leigh Jones, Congress is poised to pass a measure banning defense contractors from forcing employees to use arbitration to resolve claims of discrimination and sexual assault.

House and Senate negotiators agreed to include the no-arbitration provision in a $636 billion defense spending bill that passed the House 395-34 on Wednesday. The measure now heads to the Senate, which is expected to pass it before Christmas.

Employers and other potential lawsuit targets generally prefer binding arbitration because it keeps disputes out of the court system, where juries can inflict damaging verdicts. (Read the rest of the story here…)

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Ignore that man behind the curtain – KBR’s Bill Bodie is full of BS

BiohazardWARNING: Personal protective equipment is highly recommend to read the following article. (see photo for suggestion) It is so full of bullshit you are bound to get some on you!! If you have a low bullshit tolerance, I suggest you just back away. What you are about the read is the chosen (by KBR attorney’s) opinion of a KBR corporate puppet! Everything you are about to read should be considered fictional and in no way represents the will of the majority of past and present KBR employees and victims. Please proceed with CAUTION!

By WILLIAM C. BODIE
Times Guest Columnist (The Daily Times serving Delaware County, PA)

As the old saying goes, everyone is entitled to their own opinion, but not their own facts.

Recent media coverage on an amendment proposed by newly elected U.S. Sen. Al Franken, D-Minn., has not only misstated the facts on the arbitration issue, but the Jamie Leigh Jones case as well. KBR would like to set the record straight.

As written, Sen. Franken’s ill-conceived amendment promotes frivolous lawsuits, increases litigation costs, and provides less monetary benefit, in many instances, to victims.

For these very reasons, the Department of Defense, Chambers of Commerce and businesses, large and small, across the country are against the legislation.

Sen. Franken’s amendment does not help employees. It hurts American business and erodes the ability of businesses to support our soldiers.

Many companies have dispute resolution programs designed to address employee complaints timely and efficiently, without the delays and expense often associated with litigation. KBR is no exception.

Under KBR’s dispute resolution program, 95 percent of all employee complaints are resolved promptly to the employees’ satisfaction and at no cost to the employee. This is not only good for employees, it is good for business because it helps control costs, ultimately saving customers money, in this case, U.S. taxpayers.

The few remaining claims not resolved by this process are heard before an independent arbitrator, chosen by both parties, who considers all the evidence and rules accordingly.

There have been erroneous and inaccurate reports regarding the Jamie Leigh Jones case on which it appears the writer of the Oct. 19 Delaware County Daily Times editorial relied.

The assertion that Ms. Jones has been denied her day in court is false. A criminal investigation was conducted and found Jones’ claims unsubstantiated.

A State Department investigation in Iraq, in which numerous individuals, including Ms. Jones, were questioned, found there was no evidence Ms. Jones had been sexually assaulted.

Further, the Justice Department pursued a grand jury investigation in Florida in February 2008.

After hearing all of the evidence, which included testimony from Ms. Jones as well as the firefighter she alleges sexually assaulted her, the grand jury decided to issue no indictments.

The allegation that Jones was imprisoned in a shipping container is also false. Following her reported alleged assault, for her own safety, Jones was provided with a secure living container, or trailer, similar to that in which other KBR employees live (and the very kind in which Jones herself had requested to live).

There, Jones phoned her family and was attended to by a female KBR employee who got her food and clothes and, upon Ms. Jones request, spoke with Jones’ family to assure them of her safety.

The employee also stayed with her for several hours until the State Department, to whom KBR reported the alleged assault immediately, arrived. Despite claims to the contrary, there were no armed guards outside her room.

KBR safety personnel (who are never allowed to carry weapons) were in the area for Jones’ safety since her alleged assailant had not been identified at that time.

KBR then worked with the State Department to arrange for Jones to leave Iraq and provided a female counselor to escort Ms. Jones home to the United States.

To date, two formal investigations have been completed and neither resulted in any liability against Ms. Jones’ alleged perpetrators. Despite these findings, Ms. Jones continues to pursue legal action against KBR.

There is no greater priority at KBR than the safety and security of its employees.

Throughout the continued media blitz regarding Ms. Jones’ case, assertions against KBR suggesting the contrary and a blatant disregard of the facts have perpetuated a biased, one-sided dialogue.

The company intends to continue its vigorous defense and we believe we have the facts on our side. KBR remains committed to engaging in a transparent, fact-based dialogue and in turn, we expect and believe that, we as well as the public, deserve the same commitment from those in the media and in public office.

William C. Bodie is president of KBR North American Government and Defense.  (Link to Original)

Bodie….what is wrong with you? I’m no psychologist, but I think you’re just not right in the head!! Pathological maybe?? Whatever it is….I’m sure there is a treatment or at least a pill available.  You really should consider seeking help.

You don’t actually believe these sad pathetic attempts to sway public opinion by publishing columns or opinions is actually working???  Did you actually write them???  Highly unlikely!!

You are a sad sad pathetic little man!  I do hope KBR is paying you BIG bucks…..because you are going to need ever dollar to try buy your way out of hell!! Some people who have actually worked for KBR think KBR is hell.

You are an embarrassment to the United States of America!

Ms Sparky

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Cornyn & Inouye BFF’s?

Politics make strange bed fellows but Cornyn and Inouye - Bipartisan Friends Forever?

cornyn-inouye-luv

Apparently Government Contracting is the last bastion for snake oil salesmen to ply their trade.  It appears that 30 Senators want to maintain this status quo, even if it means blocking victims of violent crime from seeking justice.  The mere fact that legislation had to be drafted to protect employees from companies, that do business with the US Government,  both in the US and overseas, is in itself reprehensible but the fact that elected officials voted against the amendment is even more disturbing.

Meanwhile the Subcommittee on International Organizations, Human Rights and Oversight held a hearing, October 21, 2009 on “International Violence Against Women: Stories and Solutions.” How can we expect to lead this effort on a global scale when we cannot, or will not, protect our own citizens effectively?  It appears that our moral compass needs to be replaced or at the very least recalibrated.

While some  columnists seem to deem this as a partisan attack against 30 Senators, it is clearly a non-partisan guilt fest.  The list of elected officials and government organizations that have failed to act or follow through is long.  Here are a few:
Department of Defense
Department of State
Department of Justice
Former Senator now Secretary of State Hillary Clinton
Condoleezza Rice
Secretary of Defense Robert Gates

Here is a letter written by Senator John Cornyn (R-Texas) providing his version of why he voted No on the Franken Amendment:

Distortion of the facts
Re: Oct. 19 letter “Where Cornyn stands.”
The letter omitted some important facts.
I opposed this amendment prompted by the Jamie Leigh Jones case for many of the same reasons the Obama administration did.
First, the rape allegations in the Halliburton case were not subject to arbitration (according to Jones v. Halliburton, U.S. district court), so citing them as the reason for passing the amendment in the defense appropriations bill is misleading.
Second, the amendment is a blatant attempt to benefit trial lawyers. It effectively bans defense contractors and subcontractors from entering arbitration agreements. Arbitration greatly reduces litigation costs for employers and employees while ensuring victims are fairly compensated by streamlining the litigation process and limiting lawyers’ fees.
I sympathize greatly with victims of rape and have voted repeatedly to increase sentences for the perpetrators of such heinous crimes.
Liberals have claimed senators who voted no are pro-rape. That is ludicrous. Attempts to manipulate the tragic events in the Halliburton case to line the pockets of the trial lawyers are disgusting.
U.S. Sen. John Cornyn
R-Texas  (Link to original)

Well, Senator Cornyn if this amendment is not a viable solution, what do you suggest?  First before you answer keep in mind that I will be weighing your response based on these facts:

  1. Your home state is Texas, which you were elected to represent and that includes Jamie Leigh Jones.
  2. It was fellow Texan and Congressman Ted Poe that initiated the rescue of Jamie Leigh Jones from Iraq, while both you and Texas Senator Kay Bailey Hutchinson remained silent and made no effort to assist in her rescue.  By the way rescuing a constituent from life threatening peril is not a spectator sport.
  3. Approximately 53% of the the registered voters in Texas are women.  The stats on how many you have alienated with this vote are not available yet.

Senator Cornyn, your letter also omitted some important facts about the Franken Amendment.  It explicitly bars contractors that force their employees into binding arbitration for cases of sexual violence, acts of violence and where the employees basic civil and human rights have been violated, it does not ban arbitration as a means for employers or  their employees to seek resolution to a dispute should both parties agree to arbitrate the issue.

In the spirit of Bipartisanship let’s take a look at Senator Dan Inouye.  In recent years, Inouye has become known for his ability to bring federal money to his home state, and he even declared himself “the No. 1 earmarks guy in the U.S. Congress” in August.

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. (Ms Sparky’s  Original Post)

Senator Inouye will be up for re-election during the 2010 mid-terms and this would be an excellent time to let him know how the public feels about giving corporations preference over the citizens of the US.

Updated - Is this a  conflict of interest?

Sen. Daniel Inouye (D-Hawaii)
In October 1992, Republican Senate nominee Rick Reed began running a campaign commercial that included a surreptitiously taped interview with Lenore Kwock, Inouye’s hairdresser. Kwock said Inouye had sexually forced himself on her in 1975 and continued a pattern of sexual harassment, even as Kwock continued to cut his hair over the years. Inouye, seeking a sixth term, denied the charges. And Kwock said that by running the commercial, Reed had caused her more pain than Inouye had. Reed was forced to pull the ad, and while many voters took out their anger on the Republican, Inouye was held to 57 percent of the vote – the lowest total of his career. A week later, a female Democratic state legislator announced that she had heard from nine other women who claimed Inouye had sexually harassed them over the past decade. But the women didn’t go public with their claims, the local press didn’t pursue the story, and the Senate Ethics Committee decided to drop the investigation because the accusers wouldn’t participate in an inquiry.

Here is the contact information for both Senators.  Feel free to give them a call and inform them that they are public servants and dependant on the votes of their constituents who will not tolerate corporate puppets:

Senator John Cornyn: 202-224-2934

Senator Dan Inouye: 202-224-3934

 

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Jamie Jones on Rachel Maddow Oct 21, 2009

I am happy to say my two Senators…Senator Murray and Senator Cantwell voted YES!

Again…here are the Senators who voted NO!

Alexander (R-TN)
Barrasso (R-WY)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Gregg (R-NH)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Kyl (R-AZ)
McCain (R-AZ)
McConnell (R-KY)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Thune (R-SD)
Vitter (R-LA)
Wicker (R-MS)

Call them and tell them what you think.

Ms Sparky

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Hawaii Senator Inouye to water down Franken Amendment

Franken’s Anti-Rape Amendment May Be Stripped By Senior Dem, Sources Say

The Huffington Post – Sam Stein
October 22, 2009

hawaii-senatorAn amendment that would prevent the government from working with contractors who denied victims of assault the right to bring their case to court is in danger of being watered down or stripped entirely from a larger defense appropriations bill.

Multiple sources have told the Huffington Post that Sen. Dan Inouye, a longtime Democrat from Hawaii, is considering removing or altering the provision, which was offered by Sen. Al Franken (D-Minn.) and passed by the Senate several weeks ago.

Inouye’s office, sources say, has been lobbied by defense contractors adamant that the language of the Franken amendment would leave them overly exposed to lawsuits and at constant risk of having contracts dry up. The Senate is considering taking out a provision known as the Title VII claim, which (if removed) would allow victims of assault or rape to bring suit against the individual perpetrator but not the contractor who employed him or her.

“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.”

A Democratic aide on the Hill, also with knowledge of the situation, confirmed the account, as did a source who works on defense contracting matters outside of Congress. “The contractors are putting on a full-court press on this amendment… they are all doing it,” said the latter source.

A spokesman for the Senate Committee on Appropriations said that “the committee does not comment on ongoing conference negotiations.” But another source with knowledge of the situation stressed that it was premature to say that any decision has been made. Indeed, even the Hill source said that the situation is fluid and could change before the bill is sent out of committee — likely in the next few days.

The decision on what to do with Franken’s amendment is being made in conference committee with the House of Representatives, which severely limits the number of lawmakers who can weigh in on the matter.

The second-longest-serving member of the United States Senate, Inouye is a veteran of WWII. The chairman of the Committee on Appropriations, he has received $294,900 in donations from the defense and aerospace industries over the course of his career, according to the Center for Responsive Politics.

Franken’s amendment passed the Senate on October 21, 2009 by a voting margin of 68 to 30. The 30 Republicans who opposed the provision were widely pilloried in the press. But they were actually joined in some of their concerns by the Obama administration’s Department of Defense, which worried that “enforcement would be problematic, especially in cases where privity of contract does not exist between parties within the supply chain that supports a contract.”

The White House, for its part, told HuffPost it supports the intent of the amendment and it is “working with the conferees to make sure that it is enforceable,” said spokesman Tommy Vietor. (click HERE for the original article)

I strongly urge everyone to contact not only your Senators office but the office of Senator Inouye’s in DC and Hawaii. If you can’t get through on the phone, send a fax. Let it be known he is not only speaking for Hawaiians here. He is speaking for EVERYONE!! I would hate to see him joined the list of 30 republican’s who initially voted NO on the Franken Amendment.

Senator Inouye’s contact information

Washington D.C.
722 Hart Building
Washington, D.C. 20510-1102
Phone: 202-224-3934
Fax: 202-224-6747

Honolulu
300 Ala Moana Boulevard
Room 7-212
Honolulu, Hawaii 96850-4975
Phone: 808-541-2542
Fax: 808-541-2549

Hilo
101 Aupuni Street, #205
Hilo, Hawaii 96720
Phone: 808-935-0844
Fax: 808-961-5163

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Senator Franken pulverizes de Bernardo

If you just hate KBR attorney’s and everything they stand for then this video is for you!! I’m not sure how I missed this hearing! So many hearings….so little time. But, on October 7, 2009 The Senate Judiciary Committee chaired by Senator Patrick Leahy (D-VT) held a hearing on “Workplace Fairness: Has the Supreme Court Been Misinterpreting Laws Designed to Protect American Workers from Discrimination?” Wintesses were among others Jamie Leigh Jones KBR rape victim and former KBR employee and Mark De Bernardo KBR arbitration attorney :( (Yuck!!) In typical Senator Franken style he just chews up de Bernardo!! Well worth the watch! There must be a special place in Hell for KBR attorney’s.

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Franken’s Anti-Rape Amendment-The Nation

Franken’s Anti-Rape Amendment

The Nation by Emily Douglas on 10/16/2009 @ 2:08pm

In April of 2008, KBR employee Dawn Leamon went public. A few months earlier, she had been raped and sexually assaulted by co-workers while deployed at Camp Harper, in Iraq, and after weeks of being pressured not to report the incident, forced to work alongside her attackers, and medically neglected, Leamon brought the story to a Houston attorney and to The Nation. Leamon joined a slowly building chorus of female defense contractor employees who’d been raped or sexually assaulted by co-workers while in Iraq, to utter impunity on the part of their assailants. In response, the Senate Foreign Relations Committee called a hearing to investigate why the Justice Department had not prosecuted any sexual assault allegations in Iraq since the going to war in the country.

When it turned out that defense contractors often required employees, as a condition of employment, to submit to binding private arbitration in disputes with the contractors (including allegations of sexual assault), instead of bringing complaints to public courts, and that the Department of Defense claimed they couldn’t prosecute for this very reason (even though these clauses only prevented civil suits), Senator Ben Nelson, who called the hearing, offered a simple solution: “This might be something you want to require and include in your contracts–before you award them,” Karen Houppert reported in The Nation.

Freshman Sen. Al Franken took Nelson’s suggestion seriously, and has pushed through an amendment to a Defense Appropriations bill that would prevent the Pentagon from doing business with contractors who force employees into binding arbitration over rape and sexual assault charges. (As John Stewart put it, “How is that a loophole that needs closing?”)

After another KBR employee, Jamie Leigh Jones, began speaking out about her own gang rape in December 2005, she met other women with similar stories, and in response formed a non-profit to support women who experienced sexual assault at the hands of co-workers while employed by a defense contractor. When Houppert reported on Jones’s organization in The Nation, by then supporting forty women, Houppert observed, “Most of these complaints will never see the light of day.”

Adding insult to injury, the Department of Defense could prosecute these crimes under the Military Extraterritorial Jurisdiction Act and the Patriot Act’s special maritime and territorial jurisdiction provisions, but has opted not to. In the face of DoD inaction, survivors, meanwhile, had signed away their right to sue civilly and were left only with arbitration.

Predictably, Sen. Jeff Sessions, ranking Republican member of the Senate Judiciary Committee, opposed Franken’s bill. “Congress should not be involved in writing or rewriting private contracts,” he argued. The bill was, he maintained, a “political amendment at bottom, representing a political attack on Halliburton.” In fact, the amendment only goes so far as to require contractors doing business with the government to permit employees to sue civilly in the “most egregious violations,” Franken emphasized in a statement. (For less egregious matters, contractors can still require employees to waive their right to sue and submit to arbitration.)

No thanks to Sessions or most Republican members of the Senate, the bill passed, 68-30. And the next time you hear the Chamber of Commerce come out swinging against healthcare reform, remind yourself that they opposed this bill, too.

Upon hearing the amendment passed, Jamie Leigh Jones told the Minnesota Post: “It means the world to me…It means that every tear shed to go public and repeat my story over and over again to make a difference for other women was worth it.” It’s a reminder that rape survivors go public with their stories at a serious emotional cost, and the onus is on political leaders and advocates to make it worth what could be only in the most euphemistic sense be referred to as their while.

At the end of his segment on the bill, John Stewart tied it all up with a bow. Now we get it! Comparing this move to regulate government contractors to ACORN’s frozen funding, he says, “You don’t want to waste taxpayer money on someone who advises fake prostitute how to make imaginary crimes. You want to give it to Halliburton, because they’re committing real gang rape. You cut out the middleman! And they say government doesn’t work.”  (click HERE for the original article)

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Jon Stewart on the Franken Amendment “Rape Nuts”

KBR won’t get paid for abusing it’s employees anymore!

Senator Franken offered and the Senate passed in a vote of 68-30 an amendment to the Department of Defense Appropriations Act, 2010 to restrict funding to Department of Defense contractors who continue to use mandatory arbitration clauses that force sexual assault victims into arbitration.

The Franken Amendment No. 2588 sends a message to defense contractors that if they want to continue doing business with Uncle Sam, they need to stop the practice of requiring employees to sign contracts that purportedly waive all of their rights to bring a claim in court, even in the case of sexual assault.

Claims arising out of sexual assault, like assault & battery (including rape), intentional infliction of emotional distress, and negligent hiring, retention and supervision, do not belong in arbitration. Neither do Title VII civil rights claims, which were specifically designed to protect vulnerable groups in the workplace.

S. 2588 will not require contractors to change or modify existing employment contracts. It only bars funds to contractors who continue to use these mandatory arbitration clauses in their employment contracts.

Arbitration has its place in our justice system, but it has its limitations. Arbitration does not establish important precedent, arbitration is usually secret, arbitration never provides a jury of your peers, arbitrators are not trained to handle claims of sexual assault or civil rights violations, and arbitration is simply not the proper forum for sexual assault and civil rights claims.

Although this amendment passed, I think it is important to spotlight those Senators who voted against the rights of DoD contract employees. Especially those who are victims of rape. You can see the entire vote result HERE

Alexander (R-TN)
Barrasso (R-WY)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Gregg (R-NH)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Kyl (R-AZ)
McCain (R-AZ)
McConnell (R-KY)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Thune (R-SD)
Vitter (R-LA)
Wicker (R-MS)

Is your Senator on here?

Ms Sparky

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Hiding behind closed doors coming to an end for KBR and others

Franken amendment to give assault victims day in court

NEWS RELEASE

Washington, D.C. – Sen. Al Franken (D-Minn.) yesterday (Thursday, Oct. 1) introduced an amendment to the Defense Appropriations Bill that would ban the practice of committing employees to arbitration in the case of assault. The legislation was inspired by the story of Jamie Leigh Jones and is currently pending in the Senate.

Jones was a 19-yr-old employee of defense contractor KBR stationed in Iraq who was gang raped by her co-workers and imprisoned in a shipping container when she tried to report the crime.

Her father and congressman worked together to secure her safe return to the United States, but once she was home, she learned a fine-print clause in her KBR contract banned her from taking her case to court, instead forcing her into an “arbitration” process that would be run by KBR itself.

“Arbitration is conducted behind closed doors, doesn’t allow you a jury of your peers, and fails to establish precedent,” said Sen. Franken. “Many of our nation’s most cherished civil rights were established by individuals bringing claims in court.    Arbitration has its place in our system, but handling claims of sexual assault and egregious violations of civil rights is not its place.”

The amendment seeks to narrowly target the most egregious violations and applies to defense contracts, many of which are administered abroad, where women are the most vulnerable and least likely to have support resources.  The amendment will apply to many contractors that have already demonstrated their incompetence in efficiently carrying out defense contracts, and have further demonstrated their unwillingness and their inability to protect women from sexual assault.

Several organizations have endorsed Sen. Franken’s amendment, including Minnesota NOW, the National Alliance to End Sexual Violence (NAESV), the National Coalition Against Sexual Assault, the Sexual Violence Center, Legal Momentum, National Employment Lawyers Association, the Leadership Council on Civil Rights, the Consumers Union, the National Association of Consumer Advocates, the Lawyers Committee for Civil Rights Under Law, and US PIRG.

“Sexual violence is about a person trying to exercise power and control over another person through unwanted sexual contact and violence,” said Pam Zeller, Executive Director of the Sexual Violence Center. “In arbitration the intent is to arrive at an agreement. This agreement does not have to be equitable in order to be resolved.  It is also not intended to resolve a criminal matter.  Sexual harassment and sexual violence inherently have an imbalance of power.  Submitting a victim of sexual harassment or sexual assault to a process of arbitration is a revictimization of the victim, and minimizes the seriousness of the crime of sexual assault. The proposed amendment by Sen. Franken will protect victims of sexual harassment and sexual violence from being revictimized through the arbitration process.”

“This amendment reflects a critically important step in safeguarding the rights of those who have experienced discrimination in the form of sexual violence, harassment and stalking,” said Donna Dunn, Executive Director of the Minnesota Coalition Against Sexual Assault. “We know that justice for victims of violence often seems elusive. It is very important that each person have the right to assess and choose the options that they believe best fit their needs. This amendment is a giant step in that direction.”

“No survivor of sexual assault should be denied the ability to seek justice,” said Terri Poore, Policy Chair of NAESV. “Asking a victim to enter into arbitration with someone who raped her or a company that wouldn’t protect her is outrageous and sends a clear message that such violence is simply not taken seriously.” (click HERE for original release)

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