AllBusiness
By Atkins, KimberlyPublication: Lawyers USA
Date: Monday, December 21 2009
Congress has passed an amendment to the defense spending bill that bans defense contractors from enforcing mandatory pre-dispute arbitration clauses for claims of sexual assault, harassment or Title VII violations.
The Department of Defense Appropriations Act, H.R. 3326, now heads to President Barack Obama's desk.
The amendment, sponsored by Sens. Al Franken, D-Minn. and Mary Landrieu, D-La., was inspired by the legal fight of Jamie Leigh Jones, a former Halliburton employee who earlier this year won a 5th Circuit ruling that her tort suit alleging she was raped in her quarters by colleagues while working in Baghdad can proceed.
Full Story: http://www.allbusiness.com/government/government-bodies-offices/13655361-1.html
Showing posts with label Department of Defense Appropriations Act. Show all posts
Showing posts with label Department of Defense Appropriations Act. Show all posts
Monday, February 1, 2010
Tuesday, January 5, 2010
Legal Alert: Federal Defense Contractors Cannot Require Arbitration of Discrimination Claims
Ford & Harrison LLP
1/5/2010
Wade Ballard, L. Close
The Department of Defense Appropriations Act of 2010 (the "Act"), enacted on December 19, 2009, does more than dole out funds to the Department of Defense (DOD). Of particular note to federal contractors, the Act restricts DOD contractors with qualifying contracts from requiring their employees, as a condition of employment, to arbitrate claims brought under Title VII of the Civil Rights Act of 1964 and torts "related to or arising out of sexual assault or harassment."
The so-called "Franken Amendment," after its co-sponsor and driving force, Senator Al Franken (D-Minn.), prevents any money appropriated in the Act from being paid to a federal contractor with a DOD contract worth more than $1,000,000 and awarded more than 60 days after the Act's effective date, unless that contractor agrees not to: (1) enter into agreements as a condition of employment with its employees or independent contractors requiring arbitration of Title VII claims and any sexual assault or harassment-related tort; or (2) enforce any existing agreement with an employee or independent contractor requiring arbitration of Title VII claims and any sexual assault or harassment-related torts. The Act specifically lists sexual assault and harassment-related torts to include assault and battery, intentional infliction of emotional distress, false imprisonment, and negligent hiring, supervision, or retention.
Full Story: http://www.fordharrison.com/shownews.aspx?Show=5736
1/5/2010
Wade Ballard, L. Close
The Department of Defense Appropriations Act of 2010 (the "Act"), enacted on December 19, 2009, does more than dole out funds to the Department of Defense (DOD). Of particular note to federal contractors, the Act restricts DOD contractors with qualifying contracts from requiring their employees, as a condition of employment, to arbitrate claims brought under Title VII of the Civil Rights Act of 1964 and torts "related to or arising out of sexual assault or harassment."
The so-called "Franken Amendment," after its co-sponsor and driving force, Senator Al Franken (D-Minn.), prevents any money appropriated in the Act from being paid to a federal contractor with a DOD contract worth more than $1,000,000 and awarded more than 60 days after the Act's effective date, unless that contractor agrees not to: (1) enter into agreements as a condition of employment with its employees or independent contractors requiring arbitration of Title VII claims and any sexual assault or harassment-related tort; or (2) enforce any existing agreement with an employee or independent contractor requiring arbitration of Title VII claims and any sexual assault or harassment-related torts. The Act specifically lists sexual assault and harassment-related torts to include assault and battery, intentional infliction of emotional distress, false imprisonment, and negligent hiring, supervision, or retention.
Full Story: http://www.fordharrison.com/shownews.aspx?Show=5736
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