Friday, September 18, 2009

Court Rules Against Halliburton: Gang Rape Wasn't A 'Workplace Injury'

Remember Jamie Leigh Jones, the Halliburton/KBR contractor who alleged she was gang raped by her co-workers in Iraq and then imprisoned in a shipping container after she reported the attack to the company? Well, it looks like she's finally get to sue the company, in a real courthouse, over her ordeal.

Her legal saga started after Halliburton failed to take any action against her alleged attackers, and the Justice Department and military also failed to prosecute. Jones then tried to sue the company for failing to protect her. But thanks to an employment contract created during the tenure of former Halliburton CEO Dick Cheney, Jones was forced into mandatory binding arbitration, a private forum where Halliburton would hire the arbitrator, all the proceedings would be secret, and she'd have no right to appeal if she lost.

Data from the American Arbitration Association showed that Halliburton won more than 80 percent of its cases in arbitration, and when I looked at the data two years ago, it showed that out of 119 cases Halliburton arbitrated over a four-year period, only three resulted in the employee actually winning any money. The deck was clearly stacked against Jones from day one.

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