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Saturday, November 7, 2009

Unequal justice



BY THE WAY
Jeanette Strong
BY THE WAY
Jeanette StrongENLARGE
BY THE WAY Jeanette Strong
In 2005, 19-year-old Jamie Leigh Jones of Houston was working for Halliburton/KBR in the Green Zone, Iraq. While there, she was gang-raped by several co-workers. In response to this outrage, company employees locked her in a shipping container, with a bed but no food or water, and put a guard outside. She was told that if she left Iraq for medical treatment, she'd be out of a job.

“Don't plan on working back in Iraq. There won't be a position here, and there won't be a position in Houston.”

After 24 hours of imprisonment, Ms. Jones convinced a guard to give her a cell phone. She called her father and told him she'd been raped, and was being held prisoner by KBR. Her father contacted Congressman Ted Poe (R-TX), who contacted the State Department and told them there was an American citizen in need of rescue, from her American employer. The State Department sent agents, who rescued Ms. Jones. An examination by Army doctors showed she had been raped repeatedly. The rape kit was handed over to KBR security officers, who were supposed to investigate the incident. The rape kit disappeared.

When Ms. Jones tried to sue KBR, she found out that her employment contract mandated private arbitration in such cases; Ms. Jones was legally forbidden to sue KBR. To make matters worse, the DOJ refused to bring criminal charges against KBR, due to a loophole in the contracts with private contractors hired by the U.S. government — they are not under U.S. legal jurisdiction when operating in Iraq.

Eleven other women with similar stories have contacted Ms. Jones. On Dec. 19, 2007, she testified before the House Judiciary Committee; the DOJ never sent a representative, although they were asked to. After years of seeking justice, the 5th Circuit Court of Appeals ruled on Sept. 15, 2009 that Ms. Jones did indeed have the legal right to sue KBR, since her ordeal was outside the scope of her employment contract.

In response to Ms. Jones' situation, Sen. Al Franken proposed an amendment to a 2010 defense appropriations bill, Sec. 8104 (a), which basically says that no private contractor will receive federal money if they mandate that employees who are sexually assaulted must use arbitration to resolve the issue. In other words, employees who are raped by other employees and held prisoner by their employers should be able to sue in open court. They can still choose arbitration, if they prefer. All the Democratic senators voted for this amendment, as did nine Republicans. Thirty Republican senators voted AGAINST it, essentially condoning KBR's treatment of Ms. Jones.

Their excuses were basically that Ms. Jones signed a contract — “Blame the victim” — and that the government shouldn't tell private companies how to run their business. Sen. Sessions called it a “political attack against Halliburton (KBR‘s parent company).” However, if a company is receiving multi-billions from US taxpayers, shouldn't we have a right to insist they adhere to a basic code of ethics? Is this the image we want to promote?

Since 2001, KBR has received nearly $32 billion in US taxpayer money. Billions of dollars have been wasted in fraud, mismanagement, and incompetence, such as the showers KBR built which have electrocuted and killed several US servicemen. As Ms. Jones' case shows, KBR has just as little respect for its employees. The DOJ refused to investigate, the Republicans in Congress apparently didn't care, FOX didn't produce an exposé, and no one was fired.

In contrast, ACORN has received $53 million in federal funds since 1994. When tapes surfaced showing improper conduct of ACORN employees, the Republicans in Congress flew into action, passing legislation prohibiting further funding, and acting outraged, even though those responsible for the actions were fired, and investigations were underway. On Oct. 1, 2009, a spokesperson for Sen. Mike Johanns, R-Neb., said their goal was “to protect the taxpayer from waste, fraud and abuse.” Really. Unless something new shows up, no one has died as a result of any ACORN actions; the same can‘t be said of KBR.

If what ACORN did is so outrageous, how is what KBR did okay? Where are FOX's “fair and balanced” investigative reporters on this story?

Blaming Ms. Jones and excusing KBR shows the moral bankruptcy of the Republican leadership. These are the same leaders who say they care that Americans receive quality health care. Their contempt for Ms. Jones and others who have been violated shows just how deep their compassion actually runs.

Jeanette Strong is a Fallon writer whose column appears every other Sunday.


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