Joyboy

I don't think I meant a lawsuit wasn't justified. I said under her contract it wasn't. Do away with the contract an arbitration clause and she could sue the pants off them. And should.
Fact is she signed a contract with the clause in. Therefore she can't sue. Now if the court overturns the contract or rules otherwise then good. She wins.
I don't think I meant to say It isn't enforceable. I was going by what the DOD and Inoyhe had to say.
I am not a lawyer, judge, or law maker. And I don't think I am smart enough to say one way or t'other.
BTW. If Inoyhe is pandering to the contractors in his district rather than doing what is right it wouldn't surprise me a bit.

but if as you say
Quote
The Fifth Circuit Court held in September that the assault on Jones' didn't happened as part of her work, so the arbitration clause didn't apply.

Then where is the problem. If Jone's case was outside the jurisdiction of the Arbitrator why the amendment. It is being settled in the courts is it not?

Now to the language of the amendment.
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existing or new Federal contract if the contractor or a subcontractor at any tier

did you read this? Where does it stop. There could be several layers (tiers)of subcontractors in this kind of work. Some may be outside the jurisdiction of the US. How do you enforce that kind of law?
or this
Quote
any claim under title VII of the Civil Rights Act of 1964


Have you read title VII of the civil rights act? I tried, finally gave up. It was giving me a headache.
How will this be enforced in foreign countries? Iraq isn't going to abide by our civil rights act. What American contractor will subcontract to a foreign company with this provision?
I don't disagree with the intent of the amendment but I don't think this is well written.

Or this
Quote
sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention


Like I said, I am not a lawyer but this is really open ended to me. Negligent hiring? Emotional distress?

I support the intent but this thing needs to be looked at really careful.
As a conservative I don't want government intruding into every aspect of our lives. I also think there should be careful limits on the Governments interference with private companies and the contracts they write with their employees.

Then the last section "B". It exempts anyone not under US jurisdiction?
So how will it help anyone employed in a foreign country?

Maybe Franken shoulda called Perry Mason.



Last edited by Bill Robinson; 11/03/09 01:19 AM.

Bill
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