Earlier this year, Sen. Franken introduced an amendment (S.2588) to the FY2010 Defense Appropriations Bill that would restrict funding to defense contractors who commit employees to mandatory binding arbitration in the case of sexual assault. The legislation, endorsed by 61 women’s, labor and public interest groups, was inspired by the story of Jamie Leigh Jones.

The Huffington Post reported earlier today:

An amendment that would prevent the government from working with contractors who deny victims of sexual assault the right to bring their case in court has survived attempts to dull its impact and seems poised to become law.

…The final product, in the end, proved remarkably strong. According to a Franken aide, the substance of the language “is unchanged.” Under the amendment the government would not be able to do business with companies that deny court hearings for victims of either assault, false imprisonment, intentional infliction of emotional distress or negligent hiring practice. The controversial Title VII provision, which would allow victims of assault to sue the employers of the alleged perpetrator and not just the perpetrator himself or herself, remains in the bill. Meanwhile, the threshold at which companies will be subjected to the legislation is set at those who have contracts totaling $1 million or more.

All told, the legislation would affect all major and many minor contractors, forcing them to choose between allowing litigation for their employees or forfeiting the hundreds of millions in dollars that are doled out annually in contracts by the federal government.

Continue reading here.

from ABC News

A Houston woman who says she was gang-raped by co-workers at a Halliburton/KBR camp in Baghdad won a major court battle last week when a Texas judge ordered that she can bring her case to court instead of forcing her into secretive arbitration proceedings with Halliburton and KBR.

“We are ecstatic that [District Judge Keith Ellison] had the courage to uphold justice in this case,” Jamie Leigh Jones’ attorney Todd Kelly said after the decision.

KBR said late Monday that they may appeal the judge’s decision. “KBR will review the judge’s opinion and will continue to vigorously defend itself which may include an appeal,” the company said in a statement to ABCNews.com.

Jones says that after she was raped by multiple men at a KBR camp in the Green Zone, the company put her under guard in a shipping container with a bed and warned her that if she left Iraq for medical treatment, she’d be out of a job.

Jones told ABCNews.com that she hopes other sexual abuse claims will also now be able to go before a jury rather than into arbitration. “I am hopeful that the judge’s decision will open the door for other victims to seek justice against military contractors who fail to protect their employees from sexual abuse,” Jones told ABCNews.com.

Jones returned from Iraq following her alleged rape in 2005. She was the subject of an exclusive ABC News report in December, which led to congressional hearings.

After months of waiting for criminal charges to be filed, Jones decided to file suit against Halliburton and KBR.

KBR had moved for Jones’ claim to be heard in private arbitration, instead of a public courtroom, as provided under the terms of her original employment contract.

Ellison, however, wrote in his order Friday that Jones’ claims of sexual assault, battery, rape, false imprisonment and others fall beyond the scope of her employment contract.

“The Court does not believe that Plaintiff’s bedroom should be considered the workplace, even though her housing was provided by her employer,” Ellison wrote.

Ellison did, however, rule that a sexual harassment claim that Jones included in her case against her supervisor in Texas would have to be decided in arbitration.

Halliburton, which has since divested itself of KBR, has said it is improperly named in the suit and has referred calls to KBR.

In arbitration, there is no public record nor transcript of the proceedings and Jones’ claims would not have been heard before a judge and jury.

Cross-posted from the Feminist Peace Network:

The following commentary is from Nancy Pelosi’s blog:

“The Judiciary Subcommittee on Crime, Terrorism, and Homeland Security has just concluded a hearing, “Enforcement of Federal Criminal Law to Protect Americans Working for U.S. Contractors in Iraq.”

Rep. Ted Poe (TX-02), Jamie Leigh Jones, a former employee of Kellogg, Brown and Root (KBR), and Scott Horton, Adjunct Professor of Law at the Columbia University School of Law gave testimony.

A Justice Department official was expected to attend the hearing for questions on law enforcement and contractors, but did not appear. Rep. Poe, Jones’ Representative and a Republican, described the implication of Jones’ case in his opening statement:

“What Jamie will tell you paints a picture of lawlessness–where criminals go unpunished and victims are vilified. For American civilian contractors, Iraq is reminiscent of the Old Western days and no one seems to be in charge.””

See video of Jamie Leigh Jones testimony here and John Conyers here.