Organize the South

On Wednesday, October 21 I received this thoughtful reply from Sen. Johnny Isakson concerning his no vote on S. Amendment 2588. That amendment, introduced by Sen. Al Franken, would deny federal contracts to employers who deny their employee's right to go to court regarding sexual assault and sexual discrimination. I am reprinting the letter verbatim. I will have a response to this letter since the Senator has mistaken intent with impact. For example, one can intend to protect people from sexual assault yet vote for something that has the impact of making it easier to cover up sexual assault.

------------

Thank you for contacting me regarding an amendment included in the Senate-passed Department of Defense Appropriations Act for 2010, that prohibits funding for federal contractors who require the use of arbitration to settle employment disputes. I appreciate hearing from you and the opportunity to respond.

Senate amendment 2588 to H.R.3326, Department of Defense Appropriations Act for 2010, was introduced by Senator Al Franken in response to the case of Jamie Leigh Jones, a 22-year-old Texan who alleges that in 2005 she was drugged and gang raped by fellow contract workers while working for defense contractor Halliburton/KBR at Camp Hope in Baghdad. Ms. Jones sued Halliburton/KBR and a three-judge panel of the 5th Circuit U.S. Court of Appeals ruled in September 2009 that Jones' employment contract with Halliburton/KBR does not prohibit her from suing over the claims she has made and that her lawsuit against Halliburton/KBR can go to trial. I am glad Ms. Jones is getting her day in court for these civil claims against the company, and I believe that if the charges bear out, those responsible for this horrific crime should be prosecuted to the fullest extent of the law.

I voted against this amendment in accordance with the recommendation of the President and his Department of Defense, which opposed this amendment. Under the Franken amendment, defense contractors who receive federal funding could no longer require that employees sign contracts mandating that they settle employment disputes through arbitration. The amendment applies to current defense contracts and thus contractors who have employment arbitration agreements with their employees and who have already completed work for the military would not be able to paid for that work, under the Franken amendment.

In addition, I believe that this amendment would reverberate far beyond Ms. Jones' claim against Halliburton because it would lead to defense contractors eliminating arbitration altogether as an option for employees. Arbitration is a proven process that offers fast and fair resolutions of employment disputes, and its must be preserved as an option.

Without arbitration, employees are left with only the option of going to court, which is a very expensive and lengthy process. Arbitration allows employees to still make their claim and pay nothing or nearly nothing to do so because an employee does not have to hire an attorney for arbitration. Additionally, statistics show that employees actually fair better in the arbitration process than they do in court. According to a survey, employees have a 63 percent chance of prevailing in arbitration versus a 43 percent chance of prevailing in court.

The Franken amendment ultimately passed by a vote of 68 to 30, and some are characterizing the 30 senators who voted against the Franken amendment as "Pro-Rape" or "Pro-Gang Rape." This is politics at its worst. I am a husband, a father of a daughter, and a grandfather to three granddaughters, and it is absolutely ludicrous to characterize me or my colleagues as "pro-rape." Rape is a heinous crime and those who commit sexual assault should be punished, and I believe that the U.S. Justice Department should become more aggressive in prosecuting cases of rape and violent crime in combat zones such as Iraq. Unfortunately, the Franken amendment would not do anything to protect women from violence or to punish criminals. If it had, I would certainly have voted for the amendment.

Thank you again for contacting me. Please visit my webpage at http://isakson.senate.gov/ for more information on the issues important to you and to sign up for my e-newsletter.

Sincerely,

Johnny Isakson

United States Senator

For future correspondence with my office, please visit my web site at http://isakson.senate.gov/contact.cfm.