I'd imagine that would leave a lot of evidence for the criminal charges portion. And perhaps the men didn't have a similar clause in their contract?
I'd imagine that would leave a lot of evidence for the criminal charges portion. And perhaps the men didn't have a similar clause in their contract?
I don't think that companies should be allowed to deny employees legal resources for crimes committed against them in their contracts, regardless of what the crime is.
I also think that people should read their contracts really well and negotiate changes. If you can't get your changes and you can't live without them, don't take the job. Of course, hard to say no to a job when you've not got one.
If I'm understanding this right, the Franken amendment just basically says that my tax dollars won't be awarded to companies that contractually preclude an employee from filing a lawsuit against them in the event that the employee is sexually assaulted by his or her coworkers.
If that's the case, I like it. I don't want my tax dollars going to companies that do that. Apparently (some) Senate Republicans (and a surprising number of BG posters) are okay with that, though?
What I'm not okay with and what the senators of my state have said is that it was broad and could be taken advantage of for other lawsuits. It also could hurt employees, as the companies will probably remove the compensatory hazard pay to cover themselves in the event of a lawsuit. I'm fine with a bill restating clauses so employees can sue if the company precipitates a hazardous situation or is the cause of assaults, imprisonment, etc.
It's in no way broad. In fact it seems to be limited only to contracts funded through the 2010 Fiscal Year Defense spending appropriations bill. "Read the bill" is what people like to say these days, right?
SA 2588. Mr. FRANKEN (for himself and Ms. Landrieu) submitted an amendment intended to be proposed by him to the bill H.R. 3326, making appropriations for the Department of Defense for the fiscal year ending September 30, 2010, and for other purposes; as follows:
On page 245, between lines 8 and 9, insert the following:
Sec. 8104. (a) None of the funds appropriated or otherwise made available by this Act may be used for any existing or new Federal contract if the contractor or a subcontractor at any tier requires that an employee or independent contractor, as a condition of employment, sign a contract that mandates that the employee or independent contractor performing work under the contract or subcontract resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.
(b) The prohibition in subsection (a) does not apply with respect to employment contracts that may not be enforced in a court of the United States.
I'm sure with enticement of the billions of our tax dollars those corporations will find a way to make this work. If they can't, again, that's okay with me. I'll let my government give money to the "okay you can sue if we let you get raped" companies.
Edit: Also, if you "read the bill," it's negligent hiring, supervision, and retention claims in any tort related to or arising out of sexual assault or harassment.
We don't have to accuse you of shit, you go out of your way to prove that when it comes to joining the sheep to follow along your party lines, you'll make yourself as evil as you need to be.
Seriously, you cannot be any more of an idiotic douchebag than that. You really just can't.
Conservatives sure love themselves some rape. I wonder why they hate abortions so much?
Just how Ayn Rand would have liked it.
this thread is amazing and everything I expected.
Rape: Don't let four letter words disrupt the free market.
I'm honestly trying to ask a non-partisan question here:
Wouldn't the legitimate concern of any well meaning republican defending these contract clauses be that a company shouldn't be liable as an entity for the misconduct of its employees?
Also, every conservative who has posted in this thread makes me fucking sick--not because I'm a flag burning liberal partisan hack but because it makes me feel ashamed to be a moderate who identifies with some points of republican policy.
I don't understand why anyone in this thread would be opposed to something 9 out of 10 people enjoy
This article pretty much sums it up:
Rape case to force US defence firms into the open | World news | The Guardian
When a contractor employs management, who is then able to sexually harass employees or cover up rape the company becomes liable.
If a corporation is legally considered a "person" or "entity" and allowed to lobby government for benefits in regards to their business and employees, then they should be held accountable for the crimes its employees and management commit as a part of that entity.
Not only did KBR try to take away her civil rights for the act that occurred, they went even further so much as to cover up and dispose of evidence like the rape kit and call her a liar.
As damaging to a victim as gang rape can be, the emotional stress of being called a liar and having the company "lose" evidence supporting your claim, in addition to the fact that it's very hard to criminally prosecute contractors for crimes abroad due to shoddy legislation; yes I think a company is very responsible for training and protecting its employees abroad from things like this from happening.