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Sex Assault Suit Vs. Halliburton Killed
abcnews.go.com — 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.
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- borneo66, on 02/07/2008, -10/+76""Sadly," wrote Judge Miller, "sexual harassment, up to and including sexual assault, is a reality in today's workplace." "
Amazing.- hoffey, on 02/07/2008, -8/+11WTF
- cbuddha42, on 02/07/2008, -1/+4I think he was trying to say this is a real issue and get the arbiter to give it more than a cursory examination. It sounds like he wasn't wild about turning a rape case over to an arbiter, and I understand why. Unfortunately his hands were tied because "according to the terms of her initial employment contract," this goes to arbitration. Sucks, but read before you sign. If you see something like sexual assault goes to arbitration then its probably best not to sign. Sounds like her coworkers thought of her as a moral booster; I don't know why the company didn't just hire a hooker and send her to the base. At least that way everyone would know what the other parties expected.
- DamnLogins, on 02/07/2008, -0/+3I'm saying this from a British point of view. I'm amazed that US law lets you sign your "rights" away on a contract of employment. WTF?
A CRIME is committed and the law of your land gives arbitration to the employer? The employer who is anything but impartial. An employer is allowed to say "no it didn't happen, go forth"?
Is this legal is the US? I sometimes despair for our big brother.
- imacommi, on 02/07/2008, -10/+61This is complete crap. ***** Haliburton and KBR. Where is Anonymous when you need him?
- KirbyMeister, on 02/07/2008, -8/+15Too busy messing around with a much worse organization.
- endlessoul, on 02/07/2008, -1/+14Amazingly enough, I think that's up for debate.
- alkajazz, on 02/07/2008, -1/+6Agreed
- endlessoul, on 02/07/2008, -1/+14Amazingly enough, I think that's up for debate.
- oxymoron69, on 02/07/2008, -0/+6Anonymous is busy fighting tom cruise & travolta, I'm sure other targets will be designated once project chanology is completed.
- NJank, on 02/07/2008, -3/+10I have a feeling Anonymous won't go after the guys with guns...
- oxymoron69, on 03/03/2008, -0/+1How do we know that anonymous isn't the men with guns?
- NJank, on 02/07/2008, -3/+10I have a feeling Anonymous won't go after the guys with guns...
- BOFH2, on 02/07/2008, -4/+1Ummm why is this his battle. Why don't you do it? If you do not know how, learn. If you are too scared, SHUT UP.
- TheG2, on 02/07/2008, -2/+1She signed a contract and a condition of the contract is private arbitration, now if she doesn't get proper justice maybe, but as of now, theres little to be outraged about beyond the fact that she was sexually harassed.
- catbeller, on 02/07/2008, -1/+3Sooo... if you sign a contract stating that if murdered by corporate employees, the case don't go to trial, it doesn't. This is the Law beyond Law? Contract law overrides multiple counts of felony rape and sexual assault? If we don't like it, we can find work elsewhere? And when all work contracts allow rape, what then? There is no more limit to what they can get away with now.
This is the new world order: corporate feudalism -- no crimes, just contracts. No government meddling in the private affairs of m'lord's fiefdom.
Do as m'lord commands, or leave m'lord's domain, and forget ye finding employment by other barons, troublemaking wench. You pledged fealty; do not cry as m'lord's handpicked arbitrator lays down m'lord's judgement upon ye, thou ignoble and loose legged vessel; were ye not born a woman and thus guilty of original sin, this would not happen to ye. Be thou shriven by Brother Parvus before thy hanging on the morrow, harlot? Or shall it be trial by fire?
I'll take government over such ***** any day of the week. At least we can fire the bastards.- TheG2, on 02/07/2008, -0/+1Read the article. This is a civil case where she is suing for damages. The contract covers only the civil suit and cannot cover the charges of rape against the individual. She can and is still going forward with the criminal case against her rapist(s).
- catbeller, on 02/07/2008, -1/+3Sooo... if you sign a contract stating that if murdered by corporate employees, the case don't go to trial, it doesn't. This is the Law beyond Law? Contract law overrides multiple counts of felony rape and sexual assault? If we don't like it, we can find work elsewhere? And when all work contracts allow rape, what then? There is no more limit to what they can get away with now.
- cmscott, on 02/07/2008, -0/+2in b4 not your personal army
- KirbyMeister, on 02/07/2008, -8/+15Too busy messing around with a much worse organization.
- mightydavefish, on 02/07/2008, -5/+50If you actually expected justice in this case, you haven't been paying attention.
On the other hand, what a great day to be a Halliburton rapist!
This should increase the rates of assault on the Halliburton women in Iraq.
Get out while you can, ladies.- halleyscomet, on 02/07/2008, -5/+15"Like killing people? Think women are slabs of meat existing only for your amusement? Consider rape a great way to unwind? Halliburton is hiring!"
- blackinthmiddle, on 02/07/2008, -9/+4I look at this case the same way as a woman jogging in central park at midnight. Yes, you *should* be able to do whatever you damn well please. However, we know that's not the reality. And when the person/company doing the wrongdoing is ultimately backed by the government, you'd be a fool to get involved. We all know this case is going absolutely nowhere. Bottom line, no woman should be involved with companies like Haliburton. If you do, you're essentially giving them carte blanche to treat you as nothing more than a cum dispenser. Sorry, but it's true.
- joebaloney, on 02/07/2008, -2/+7Women don't dispense cum.
- mightydavefish, on 02/07/2008, -1/+1When you get older you'll understand how that works.
- richbleak, on 02/07/2008, -0/+2You aren't doing it right.
- mightydavefish, on 02/07/2008, -1/+1When you get older you'll understand how that works.
- Spuy767, on 02/07/2008, -1/+6More of a receptical I'd say.
- alkajazz, on 02/07/2008, -0/+5Yeah your right women shouldn't be in the workplace. So we need to make a hostile enviroment for them so they get scared into staying at home.
/sarcasm - jcraig, on 02/07/2008, -0/+3@blackinthmiddle
I think you've missed the point of the article. How about passing a law that:
1. prevents a company, especially one on contract from the federal government, from sending a sexual harassment case such as this to arbitration
2. making sure the criminal and civil penalties are adequate for sexual harassment and sexual assault in the workplace- catbeller, on 02/07/2008, -0/+3How about:
Revoke their corporate charter, seize their assets, imprison every sombitch executive involved in driving this rape case into their own private law, execute the guilty rapists, and eat a cookie?
If they were Iraqis we'd have tortured them and dumped them into Gitmo. Or just shot them. Since they are American corporatists, they will walk away with even bigger contracts.
- catbeller, on 02/07/2008, -0/+3How about:
- rollem, on 02/07/2008, -0/+2You assume that it is inevitable that such circumstances will exist. I strongly disagree with you. People are quick to alter their habits to fit the circumstances they are in and a company has the obligation to make a workplace as fair as possible for both sexes. The rapists should go to jail, if anybody tried to protect the rapists knowing what they had done, they should go to jail for a slightly shorter time, and Haliburton should be heavily fined.
- richbleak, on 02/07/2008, -0/+1I think the term you were looking for was "cum dumpster".
- joebaloney, on 02/07/2008, -2/+7Women don't dispense cum.
- qwertydvorak, on 02/07/2008, -8/+5there is plenty of justice here. she is getting the arbitration she signed up for when she signed the well paying contract. if someone doesn't like the terms of a contract they don't have to sign it. if she didn't read it fully and understand it, it is her fault for not reading and fully understanding it. if she has trouble understanding it she should have taken it to a lawyer.
- raidfibre, on 02/07/2008, -0/+8Many people would say that signing a contract preventing you from going to court over being sexually assaulted is unconstitutional. I guess it could just be me who thinks that.
- TheG2, on 02/07/2008, -0/+2Unconstitutional? Please, give me a break. She gave up the right to a public trial when she signed the contract, theres nothing illegal about that.
- godspoken, on 02/07/2008, -0/+3You are exactly correct. Buried for misleading headline.
From Overlawyered.com: ABC News parrots the trial-lawyer line with misleading coverage of another arbitration involving Tracy Barker: they falsely report that Barker's lawsuit was "killed" (when it will in fact be heard in the forum that Barker contractually agreed to litigate in), that the proceedings will be "secret" (when Barker has the right to publicize them the same way she can publicize a trial), and waits until deep into the story to acknowledge that the arbitration clause does not prohibit the employee from bringing litigation against her alleged rapist. Where's John Stossel and "Give Me A Break" when you need him? - catbeller, on 02/07/2008, -1/+2Relinquishing the right to protection of the state against rape as a condition of business would be unconstitutional under the ninth amendment -- the amendment that states clearly that rights can be assumed to exist that are not stated explicitly in the other amendments. The framers EXPRESSLY wanted you all to understand that the Constitution is not a static list of privileges granted to us by the framers! Rights not explicitly spelled out to your satisfaction are NOT playgrounds for corporations to take control of your life and body. Corporations are government creations, legal fictions, not gods, not lords, not our government and not our goddamned rapists.
- TheG2, on 02/07/2008, -0/+1She gave up the right to a public trial for civil suits in her contract, thats perfectly legal. Go spread your mis-understanding of the laws of our country else-where.
- godspoken, on 02/07/2008, -0/+3You are exactly correct. Buried for misleading headline.
- BOFH2, on 02/07/2008, -0/+1The judge sided with the contract, not Haliburton. People, take the time to read what you are signing. If you do not understand it then take it to someone. There are usually NFP groups that will help you. Since they accept federal money they have to adhere to what is federally legal. Yes it sucks but it is still legal.
- catbeller, on 02/07/2008, -0/+1No, a judge said it was legal, and he is wrong. You cannot sign away your right not to be legally raped as a condition of employment. You also can't give up your minor children to be used as sex slaves by your bosses, nor can they require you to submit to execution at their whim. Contract law has limits, DUH.
If the contract said they could legally amputate your dick, there would be a constitutional amendment outlawing such contract law next week. Like the fact that if men could get pregnant, abortion would be a sacrament.
- catbeller, on 02/07/2008, -0/+1No, a judge said it was legal, and he is wrong. You cannot sign away your right not to be legally raped as a condition of employment. You also can't give up your minor children to be used as sex slaves by your bosses, nor can they require you to submit to execution at their whim. Contract law has limits, DUH.
- TheG2, on 02/07/2008, -0/+2Unconstitutional? Please, give me a break. She gave up the right to a public trial when she signed the contract, theres nothing illegal about that.
- rz8472, on 02/07/2008, -7/+46To make it clear to some people, this is an entirely different affair than the brutal rape we heard about several weeks earlier. Just goes to show that basically every male employee at KBR Iraq is a douchebag.
- Sle3per, on 02/07/2008, -5/+12I like blanket statements too!
- stilesja, on 02/07/2008, -7/+9Look, you work for a war profiteer, you are a douche bag. It is blanket that you lie under. Plenty of other companies out there to work for.
- Tweekster, on 02/07/2008, -1/+5Every company in the US profits from the war at some point.
- stilesja, on 02/07/2008, -0/+1Thats not their main business. War stops = Halliburton/KBR stocks plummet
- BOFH2, on 02/07/2008, -1/+1so do companies outside the US.
- Sle3per, on 02/14/2008, -0/+1I don't work for Halliburton and I wouldn't consider myself a douche bag. I just don't understand the need for blanket statements such as "People that work for (company X) are all rapists and currupt assholes."
- Tweekster, on 02/07/2008, -1/+5Every company in the US profits from the war at some point.
- Waiting2awake, on 02/07/2008, -2/+1Sle3per.... you don't work for them do you? I hope not.
- stilesja, on 02/07/2008, -7/+9Look, you work for a war profiteer, you are a douche bag. It is blanket that you lie under. Plenty of other companies out there to work for.
- yunus, on 02/07/2008, -8/+7If KBR has only 2 male employees than you are correct.
- halleyscomet, on 02/07/2008, -1/+8The case where the victim ended up locked in a storage unit involved an attacker count in the double digits. If this really were a rare thing then Halliburton would settle, not fight it tooth and nail.
- Waiting2awake, on 02/07/2008, -2/+11It isn't only the accused that are trying to stop this is it? Is it the entire corporation that is trying(getting) this into a private court? If it is - then yes - the entire corporation is to blame.
does that not follow to you? - jleems86, on 02/07/2008, -1/+4whatever happened to that case? I've not heard any further developments since it first happened.
- scorchedearth, on 02/07/2008, -1/+3KBR - for all your drug smuggling, money laundering and sexual assault needs.
- Sle3per, on 02/07/2008, -5/+12I like blanket statements too!
- oojamaflip2006, on 02/07/2008, -6/+31I really thought a sex assault suit was some kind of armour when reading the title.
- marksism, on 02/07/2008, -3/+4A++++
- 1337Einstein, on 02/07/2008, -3/+4A rifle for both fighting and fun.
- nbcaffeine, on 02/07/2008, -0/+2your rifle is for fight and your gun is for fun
- NJank, on 02/07/2008, -1/+1no no, one goes with the rifle, the other with the gun...
- Murdats, on 02/07/2008, -4/+1I thought this was some wierd game or anime because I read it as a wierd suit/armour clad person vs haliburton aswell
- blackdude, on 02/07/2008, -5/+31This is the product of privatization out of control; corruption. I'm honestly tired of Halliburton allowing rape amongst their staff and tired of this company raping my taxes.
- souljaboytellem, on 02/07/2008, -2/+3This wasn't rape, that's the one several weeks ago, this lady probably just goty grabbed and cat called at, still unappropiate at a workplace, especially Iraq, but not nearly as serious as the other one-
- nerdmerc4hire, on 02/07/2008, -1/+2You really should see what some of these women wear around here. It's the price paid by a desert queen, especially Iraq.
- blackdude, on 02/07/2008, -1/+2Besides your point, how can you get respect with a name like: "souljaboytellem"
- souljaboytellem, on 02/07/2008, -2/+3This wasn't rape, that's the one several weeks ago, this lady probably just goty grabbed and cat called at, still unappropiate at a workplace, especially Iraq, but not nearly as serious as the other one-
- JoeVet, on 02/07/2008, -3/+28Never underestimate the power of the vice presidency.
- DarthDaddy, on 02/07/2008, -2/+13So money "can" buy anyone?!!!
- halleyscomet, on 02/07/2008, -3/+3She's being forced into arbitration, so yes, money bought the judge and she'll likely get pissed on by the lawyers over this. She'll be lucky to come away with enough to pay her legal fees.
- TheG2, on 02/07/2008, -3/+1Forced my ass! She signed the high paying contract and agreed that any dispute would be see in private arbitration. SHE signed the contract willingly. This is not illegal, not unconstitutional, nothing but simple contract terms.
- 4degrees, on 02/07/2008, -0/+1money buys you love...
- MeMongo, on 02/07/2008, -0/+1Even the Beatles knew that money can't buy you love, but it can rent it
- spyd3rweb, on 02/07/2008, -3/+32The last remnants of the old republic have been swept away.
- johnlabmonkey, on 02/07/2008, -2/+44"Binding Arbitration" should be made illegal. The arbiters are always paid by the corporation, so they almost always rule in their favor. Disgusting.
- digindrivefast, on 02/07/2008, -0/+1Perhaps arbitration could be "ordered" by the court and a "blank or generic" panel of law students could conduct the hearing... Without pay or bribes, somehow. We just have so many "insane" lawsuits jamming us up.
- catbeller, on 02/07/2008, -0/+2We always have had an insane number of lawsuits, for over two centuries, even before the US split off from the English empire. The "emergency" of crowded dockets was always with us; it was used to prime people to accept the idea of private corporate judges settling cases. Now, we see them taking over sexual assault from the courts. This should end. Back into the courts. Build more courts, cheap asses. M'lord is not going to try me through his privately hired "judge".
- digindrivefast, on 02/07/2008, -0/+1Perhaps arbitration could be "ordered" by the court and a "blank or generic" panel of law students could conduct the hearing... Without pay or bribes, somehow. We just have so many "insane" lawsuits jamming us up.
- Supernova36, on 02/07/2008, -14/+4This just in: her face has cracked and fallen off.
- nycmac247, on 02/07/2008, -5/+7Are you making a joke about someone being raped? Kind of like how those funny ***** ended up on the end of ropes, huh? Or those funny ***** that got "the AIDS"??
- getjustin, on 02/07/2008, -10/+7Where does one wear a sexual assault suit?
- qwertydvorak, on 02/07/2008, -0/+5in the parking garage at night on the way to your car.
- 4degrees, on 02/07/2008, -0/+2high school dance?
- MeMongo, on 02/07/2008, -0/+1In Iraq while working for KBR/Halliburton
- tahney, on 02/09/2008, -2/+2If you're ever a victim of sexual assault, you won't find attempts at cracking jokes about the violation of someone else's body funny at all.
- Waiting2awake, on 02/07/2008, -9/+18 So yet again, I am forced to ask; When will America wake up? How many more of these stories do you need to see before you realize that you guys are in a war - just not with whom you think.
BTW - you guys are losing badly. What will it take, before you guys start to fight back?- souljaboytellem, on 02/07/2008, -8/+4Losing badly eh? My country will kick your country's ass :)
- noahhoward, on 02/07/2008, -5/+7I'm sorry all this says is don't work for a company that takes away your rights via contract. Learn to read the ***** your signing and don't e afraid to tell a job no. If you sign a legal document that says "sexual assault claims will be settled in arbitration" you can expect to settle in arbitration.
- DarkprinceArmon, on 02/07/2008, -2/+7When looking at the end result of super Tuesday election process, it becomes clear that we won't fight back anytime soon.
- BOFH2, on 02/07/2008, -0/+1I thought the Dem's were going to change everything when they took over congress. At least that is the jist of what they said. To quote Dr.Phil -"that dog won't hunt".
- dupswapdrop, on 02/07/2008, -3/+20We need to keep this stuff out of the courts because, we have bigger fish to fry like dance queens in rehab and DWI's of the stars.
- algo, on 02/07/2008, -5/+11Haliburton - where to work if you're a coward..
- halleyscomet, on 02/07/2008, -2/+7Haliburton - where to work if you're a rapist.
- DreKor, on 02/07/2008, -0/+1Haliburton - where to work if you really really really like money.
- guythomas, on 02/07/2008, -14/+1Angelina Jolie is next!
- benjaminbr, on 02/07/2008, -2/+11when you sign a deal with the devil...
- noahhoward, on 02/07/2008, -0/+3Absolutely right. Folks need to learn to read their contracts BEFORE they sign them instead of waiting until something happens.
- catbeller, on 02/07/2008, -0/+1If such logic is followed, such contracts could be a condition of employment in the US, and therefore your right to not be, say, arbitrarily raped - or killed - by your employer, could be permanently a relic of the past.
Contract law has limits. Corporations are just legal fictions, government creatures, controlled by the government and the laws thereof. They can't make their own laws exempting themselves from simple moral decency and the Constitution. Making human beings subject to such arbitrary "laws-by-contract" or else choose pauperization is, of course, mad. No. You can't sign away your right not to be raped, even if it's spelled out as a condition of employment. Contracts do not override human rights as understood by our Constitution and our common collective sense of decency. Wanna try taking the "you can be raped as a condition of employment if you signed the paper" idea out to a panel of female lawyers? I'd love to hear their comments.- noahhoward, on 02/07/2008, -0/+1Contracts are a condition of employment at a lot of places, if you don't agree with what it says don't sign it. The contract doesn't say we can rape you it says something along the lines of "you can't take us to trial if something happens to you while you were working." Situations like this are a good example of why you should not agree to what is a perfectly legal request (apparently).
- catbeller, on 02/07/2008, -0/+1If such logic is followed, such contracts could be a condition of employment in the US, and therefore your right to not be, say, arbitrarily raped - or killed - by your employer, could be permanently a relic of the past.
- noahhoward, on 02/07/2008, -0/+3Absolutely right. Folks need to learn to read their contracts BEFORE they sign them instead of waiting until something happens.
- manicallday, on 02/07/2008, -2/+23"On my way into the office, there was pictures of prostitutes and animals having sex pasted in the hallway," she said. "Our office was just wallpapered with pornography. There was not one space of wall at all."
She lived a real life 4-chan.- noahhoward, on 02/07/2008, -2/+7Why do half of her quotes still sound completely absurd as if she pulled the situations from a movie or novel?
- mutiger, on 02/07/2008, -5/+9Enjoy your facist rule of corpoliticals, america.
- halleyscomet, on 02/07/2008, -1/+3It's like a real life Shadowrun campaign, but without the magic or cool technology.
- voyvf, on 02/07/2008, -0/+2We have plenty of cool technology. I even hear that they're coming out with something called an "Internet" soon.
- halleyscomet, on 02/07/2008, -1/+3It's like a real life Shadowrun campaign, but without the magic or cool technology.
- DestroyFascism, on 02/07/2008, -4/+5America (strike that) Ameriburton
- randomengine, on 02/07/2008, -4/+5This sounds unconstitutional.
- TheG2, on 02/07/2008, -0/+1It's not get, try reading the constitution sometime instead of taking random guesses about what it actually says.
- lorddon, on 02/07/2008, -12/+5If you read this story and are disgusted like I am, maybe you should vote for Obama and a more transparent and accountable government.
- SickBoy, on 02/07/2008, -2/+8And maybe you shouldn't use this woman's painful experience as an opportunity to get on your political soapbox.
- MattMelle, on 02/07/2008, -0/+0Good call on that one.
- SickBoy, on 02/07/2008, -2/+8And maybe you shouldn't use this woman's painful experience as an opportunity to get on your political soapbox.
- Gunsotsu, on 02/07/2008, -13/+4"...secretive arbitration process"
Not very secretive if it's on the front page of Digg, huh?- randomengine, on 02/07/2008, -1/+10The result most likely will be.
- s1mph0ny, on 02/07/2008, -1/+2Think along the lines of the torture wheel from "the long kiss goodnight."
- p51d007, on 02/07/2008, -16/+3I know this will get dugg, but, how come you are bending over backwards to believe the "so called"
rape that this woman claims happens, but, you are so quick to forgive Mr Bill Clinton for multiple "so called" rapes? Have an agenda eh?- OMGIAMTHEMAN, on 02/07/2008, -2/+8it's not about OUR belief or OUR forgiveness, it's about the hearing procedures. Bill Clinton had to answer in front of the whole world, not in a "secretive arbitration"
- blackinthmiddle, on 02/07/2008, -1/+3You're so right...you got dugg down.
- heresy_fnord, on 02/07/2008, -0/+1What alternate history are you referring to? Bill Clinton was never convicted of anything let alone rape. He was in impeachment proceedings and was acquitted of charges however...But not over raping anyone.
- slantyeyed, on 02/07/2008, -4/+3if cheney is evil and halliburton / kbr is evil and there is a frat house environment there overseas, why do people keep trying to work there? sooner or later, if you can't fix the company, you have to start blaming people.
- OMGIAMTHEMAN, on 02/07/2008, -0/+3no.. you have too much faith in the market if you leave it to employees to boycott bad work environments. You need government intervention to protect people in many cases, ending racism, sexism, hostile work environments, etc.
- orbit1979, on 02/07/2008, -5/+15"Sadly," wrote Judge Miller, "sexual harassment, up to and including sexual assault, is a reality in today's workplace."
Nice. So, particularly when its a company with an ex-CEO as vice president of the US, and a company with lucrative no-bid contracts and close relationship with the Bush regime, sexual harassment which is against the law is "o.k."?
And to think, so-called "values" voters put that criminal in office for a second term!- Aensland, on 02/07/2008, -1/+3"We promote family values at work! Almost as often as we promote family members!"
- TheG2, on 02/07/2008, -1/+2Way to take the comment way out of context. She was saying that its sad cases like this come up so often and also sad that its such a common occurance in the workplace. Damn you idiots and you're poor reading skills.
- triad203, on 02/08/2008, -1/+1uh, he just said it's a reality. That means he thinks it's unfortunate that it exists, but doesn't deny its existence. How is that him saying it's "ok"?
- DarkprinceArmon, on 02/07/2008, -3/+4Reading your contract before you sign it is essential to not being back in to a bad or terrible deal. People though they where going to Iraq to make a difference and they get this instead. Makes you want to pick up a large nuke and throw it at H/KBR.
- reconflux, on 02/07/2008, -3/+3There are still people named "Maddy" around?
- nerdmerc4hire, on 02/07/2008, -10/+2Boo hoo.. You really think this doesn't happen every single day to other employers throughout the world? Next thing I know, I am going to have to read about how KBR makes you consent to monitoring before using a company PC.
- nycmac247, on 02/07/2008, -2/+5You are trying to distract from the point of the article (rape)? You would feel the same if this happened to your sister? Or are you above the fray and unable to identify with other human beings?
- nerdmerc4hire, on 02/07/2008, -5/+0I'm unable to identify with people who did not read the article (not rape).
- nycmac247, on 02/07/2008, -2/+5You are trying to distract from the point of the article (rape)? You would feel the same if this happened to your sister? Or are you above the fray and unable to identify with other human beings?
- s1mph0ny, on 02/07/2008, -1/+5Barker's attorneys had argued that Halliburton/KBR had created a "boys will be boys" atmosphere.
Clearly, they did it for the lulz. - kuturak, on 02/07/2008, -15/+1Women should learn their place, whiny bitches.
- nycmac247, on 02/07/2008, -1/+10Please imagine being pinned down by 4 guys and having a fifth shoving a coke bottle up your ass again ... and again...and again while laughing a lot.
Now go to try to tell someone and the other person says "Quit being a whiner - shut up and know your place."
Have you ever thought that after you die, during the life review, that you'll be ashamed of your attitude toward women's rights?
Or would it take a woman you love being raped before you think?
(I do not wish that on you; your comment just made me sad)- kuturak, on 02/07/2008, -6/+0I am a woman and I am ashamed of my kind.
I have been raped many times, I didn't care for it. No real woman should. Real women FTW!
- kuturak, on 02/07/2008, -6/+0I am a woman and I am ashamed of my kind.
- nycmac247, on 02/07/2008, -1/+10Please imagine being pinned down by 4 guys and having a fifth shoving a coke bottle up your ass again ... and again...and again while laughing a lot.
- melonhedd, on 02/07/2008, -10/+3The majority of civil suits are settled before trial and dismissed. Why is it bad in this case? ZOMG HALLIBURTON EVIL!!
- hmmmok, on 02/07/2008, -1/+1Settled? or KILLED!!!!!
- alkajazz, on 02/07/2008, -1/+3Wow i thought rape was a crime?
- TheG2, on 02/07/2008, -0/+1We afford the same "Innocent until proven guilty" laws to corporations and the accused too you know...
And its not Haliburton that broke the law, its the employees.
- TheG2, on 02/07/2008, -0/+1We afford the same "Innocent until proven guilty" laws to corporations and the accused too you know...
- orbit1979, on 02/07/2008, -4/+9"Halliburton and KBR had also sought to have Barker pay for their costs of defending their right to arbitrate."
Oh my ***** "god"! Just when I thought the article couldn't get more disturbing. These ***** people have absolutely no shame, but then again, look at the regime their affiliated with.
"compassionate" conservatism at its finest! - eth3l, on 02/07/2008, -9/+6Arbitration is common in workplace harassment suit. More common than you think and occurs in companies other than Haliburton - probably compaines you love, like Apple.
Buried as inaccurate for leading readers to believe this is some kind of injustice - the suit was not killed, it jsut went to arbitration. She will still, and likely, get a nice payout from haliburton.- orbit1979, on 02/07/2008, -2/+6Actually, either way its still an injustice. Just because these powerful corporations who funnel millions to Congress and the Executive or have close personal ties with the Bush regime to be able to create these kind of contracts does not make it right.
- mizzerd, on 02/07/2008, -4/+2You don't need a connection with the federal government to put an arbitration clause in a contract! You just need a lawyer. Have you read your credit card agreement? There's an arbitration clause there. Did you know that?
As the original poster mentioned, and I failed to below, she is still going to get a settlement, but it will cost her MUCH less.
If you feel not getting to litigate your civil case is an injustice, don't associate with companies that have arbitration clauses in their contracts. It's as simple as that.- orbit1979, on 02/07/2008, -2/+2What entity makes the laws that allow these companies to create these increasingly draconian contracts? And no it's not that simple. These type of one-sided contracts are becoming more and more common. If things keep going in this direction, with the implicit support of ordinary people like yourself, we will not have too many other options. It will be sign or starve for us.
- mizzerd, on 02/07/2008, -2/+0The concern for one-sided contracts is valid and they can be overturned, if she had no other choice but to take it. For example, only one electric company services your home and they have overwhelmingly one-sided terms. Chances are, they wouldn't be upheld because of the discrepancy in the bargaining power. Unless you're telling me there are no other employers, that argument doesn't fly in this case.
Arbitration is draconian? Let's go through a couple scenarios, shall we?
1) No arbitration clause - She pursues litigation against Haliburton. If the amount she's suing for is small, no lawyer will take it because the economics of a trial make it economically impossible, and she gets nothing. If the amount it is big, and the case is strong, maybe a lawyer will take it on a contingency. Years go by (not kidding) waiting for the court dates. Eventually she has her day in court. Meanwhile Haliburton's team of lawyers digs up every last bit of dirt on her to make her look like a money grubbing whore. She undergoes indignity at trial to get her cash. Regardless of who wins the trial, the other side appeals. Once all the appeals are done, it's at least 10 years after the filing of the lawsuit, where she was ripped to shreds, before the possibility of compensation is had.
2) Arbitration - She enters arbitration with Haliburton. Depending on how formal, the process takes months or maybe a year (if there is some discovery). It is private so she doesn't have to undergo the indignity of a public trial and the accusations of the defense. Haliburton is more willing to "make it go away" because nobody has to know how much they paid her. It's easy. It's fast. She probably gets more money. Everyone wins.
Tell me again how that is Draconian??
- mizzerd, on 02/07/2008, -2/+0The concern for one-sided contracts is valid and they can be overturned, if she had no other choice but to take it. For example, only one electric company services your home and they have overwhelmingly one-sided terms. Chances are, they wouldn't be upheld because of the discrepancy in the bargaining power. Unless you're telling me there are no other employers, that argument doesn't fly in this case.
- orbit1979, on 02/07/2008, -2/+2What entity makes the laws that allow these companies to create these increasingly draconian contracts? And no it's not that simple. These type of one-sided contracts are becoming more and more common. If things keep going in this direction, with the implicit support of ordinary people like yourself, we will not have too many other options. It will be sign or starve for us.
- mizzerd, on 02/07/2008, -4/+2You don't need a connection with the federal government to put an arbitration clause in a contract! You just need a lawyer. Have you read your credit card agreement? There's an arbitration clause there. Did you know that?
- orbit1979, on 02/07/2008, -2/+6Actually, either way its still an injustice. Just because these powerful corporations who funnel millions to Congress and the Executive or have close personal ties with the Bush regime to be able to create these kind of contracts does not make it right.
- mizzerd, on 02/07/2008, -2/+15Aw come on.
What happened to her is horrible, no doubt, but you need to THINK about this. She's filing a civil lawsuit for damages. She signed an agreement that says any civil damages will be taken to arbitration. The judge says it's sad that sexual harassment is the reality in the workplace, but it is. The judge would LIKE to do something but, unfortunately she's bound by the agreement they parties entered into and therefore, absent duress, to enforce the terms of the contract (i.e. including the arbitration clause).
She didn't waive a trial on criminal charges that could lock that guy up; she could not. There are little things like the US Constitution (and amendments thereto) that prevent arbitration in criminal cases. The issue for a criminal case is: what jurisdiction does this fall into? (This is a state law question, there is no federal law for this.) If US, what state? Is it Iraqi law? She's got a complex choice of law question to be answered.
Don't make this out to be a conspiracy. It's not. It's just a contract -- one she should have read, I might add. I hate Haliburton as much as the next guy (maybe more). We need to vote the Haliburton-supporting folks out of the government. Fast.
Now bury this, as I know will happen. Rational, informed thought usually is.- PhairOh, on 02/07/2008, -1/+5Mizzerd, i was going to write almost that exact same thing. Bravo.
This is not a conspiracy. This is not the courts bowing to the will of the vice-president. This is not corporate America buying a victory. This is just a judge enforcing a contract that was signed by both parties prior to the incident. - digindrivefast, on 02/07/2008, -1/+2Well said.
Just hope the judge gets some "reprimand" for the assertion of sexual assault/harrassmnet being... It just sounds wrong not to insert the "law" of the land, here, and the "warning" that the courts "here" cannot protect you there... - bunkybrewman, on 02/07/2008, -0/+1Good post.
This seems to be a true case of harassment bordering on criminal action. I'm curious to why there weren't charges filed if she was "threatened". - MikeFallopian, on 02/07/2008, -0/+1Only sane post on this thread...
- TheG2, on 02/07/2008, -0/+1And he's actually being dugg up! Thanks for posting this, all the idiocy here is really starting to do bad things for my blood pressure.
- Iconoclast25, on 02/07/2008, -0/+2Nice to see someone try explaining how the law works to the Jacobians of Digg.
- PhairOh, on 02/07/2008, -1/+5Mizzerd, i was going to write almost that exact same thing. Bravo.
- koroviev, on 02/07/2008, -1/+1So the woman has chosen to get paid... hmmmm... alright she was the one harassed she can do what she wants...
- BigLLamasHouse, on 02/07/2008, -1/+1probly the only justice she will get. like the guy above says, there's no federal oversight here. just, here Haliburton, here's a country. do whatever you want in it.
- Ultra99, on 02/07/2008, -0/+1***** Halliburton, the overpaid monkey-men they employ and their lame ass excuses. They are a multibillion dollar international enterprise and should be obligated to conduct themselves accordingly and in a transparent manner. The ease with which they can basically get away with whatever they want, hide anything they want and write themselves blank cheques cashed from the public's bank acount makes me very uncomfortable.
The day those overinflated, retarded ***** fratboy monkeys get fried fry I'll be laughing. - digindrivefast, on 02/07/2008, -0/+1The contract is key. Protect yourself, no matter your gender! As an "employee" on a Government job site or a Private Contractor employee on a "Govermnent" job site. I've seen it go both ways and it sucks to work in those conditions, no matter your gender.
- jonbruc, on 02/07/2008, -0/+2Has she named the people publicly who did this? I think public opinion comes down harder on the individual than an arbiter.
- Devido, on 02/07/2008, -1/+2This is sick and disgusting. This is what we get for hiring lawless mercs..
- xperiment626, on 02/07/2008, -0/+2The sick part of this whole thing is that these are civil not criminal proceedings. If they were criminal they would have to be heard in public as it was a crime against the public... in a sense. Why is there no DOJ Jurisdiction in Iraq where we have numerous US civilians employed? Is there no hope for a criminal case.
On the issue of the civil case being heard in court or arbitration, the judge is right, sadly, it must go to arbitration per the contract that she signed. I'll also point out that most of us, who work at large companies signed the same thing. This is sick though...very sick. - BigLLamasHouse, on 02/07/2008, -0/+2While I STRONGLY disagree with the legal way these situations are being handled. The title isn't entirely accurate. It is going into private arbitration, not being killed altogether, so at least she will get some compensation (probably a good bit) I'm not saying this is by any means cool, these assholes think they are above the law. It would be nice to see these guys embarassed in front of the nation and their families but I guess we won't get that. As far as terrible corporations out there, there are actually a lot that are worse than Haliburton. If this isn't enough to piss you off then do some research on Bush's favorite water company Bechtel and what they've done in Bolivia.
- Metman, on 02/07/2008, -0/+1Odd. I thought this was acceptable behavior - or does that only apply when your President.
- jlc107, on 02/07/2008, -0/+0Welcome to the great American Plutocracy or Corporatocracy. (note heavy sarcasm) This is the same BS that organized religion pulled with their sexual abuses within their organizations, that they would: "Take care of internally." As Dr. Phil asks: "How's that working for you?" Americans assert the French were/are wimps. Well, who are the real wimps? Remember the Bastille? Most Americans are too preoccupied to do anything substantive and our democracy has been stolen from us. And we do NOTHING about it.
- epyon8282, on 02/07/2008, -0/+1This isn't really new. This has been going on for a while and only now is she actually getting some kind of attention. It's unfortunate but legally, she has to do a private arbitration since her contract with them situ plated this in the event of any legal dispute.
- b8man99, on 02/07/2008, -0/+2Legally, it sounds very wrong. Morally, it sounds very wrong. And the judge just say - well, it's a shame but it's out of my hands?
- heretrix, on 02/07/2008, -1/+0So was it shot or stabbed?
- catbeller, on 02/07/2008, -0/+1I may have - probably did - mix up two different Halliburton cases in this thread... no time to check. Sorry - but Halliburton has so many of these little dick moves going on right now I mix them up. Yes, that is a non-apology apology, but, damn these bastards are evil.
- stinkypyper, on 02/07/2008, -1/+1I read that as a sexual assault suit, as in protective suit, like the one you can wrestle bears in, specifically tested on horny Haliburton (***** you Dick Cheney!) employees.
- flamincheney, on 02/07/2008, -0/+0What gets me most is a US Judge, who is payed for with public tax dollars, had this to say about the case:
"Sadly, sexual harassment, up to and including sexual assault, is a reality in today's world."
Isn't every other crime, those that have the right to go to trial that is, a reality in today's world? How is this any sort of justification for judicial ignorance? Under this set of rules wasn't 9/11 just an incident grounded in the reality of today's world?
Everyday I lose more and more faith in this country and world.
NBA clauses are for just further tools employed to control the serfs in our fear mongering world.
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