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Wednesday, February 06, 2008

Something is wrong with the law

Something is wrong with the law when it protects the big companies like Halliburton from suits by employees like this one:

A mother of five who says she was sexually harassed and assaulted while working for Halliburton/KBR in Iraq is headed for a secretive arbitration process rather than being able to present her case in open court.

A judge in Texas has ruled that Tracy Barker's case will be heard in arbitration, according to the terms of her initial employment contract.

Barker says that while in Iraq she was constantly propositioned by her superior, threatened and isolated after she reported an incident of sexual assault.

Barker's attorneys had argued that Halliburton/KBR had created a "boys will be boys" atmosphere at their camps and that sort of condition is not the type of dispute that she could have expected to be within the scope of an arbitration provision.

District Judge Gray Miller, however, wrote in his order that "whether it is wise to send this type of claim to arbitration is not a question for this court to decide."

"Sadly," wrote Judge Miller, "sexual harassment, up to and including sexual assault, is a reality in today's workplace."


I guess that last statement means she should have contemplated being raped when she signed the arbitration clause. Actually, given what the judge said, I guess anytime any female accepts employment she is implicitly endorsing her employer to rape her.

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