Bankruptcy

Forget that day in court

By J. Michael McBride

After being sexually assaulted by co-workers while working in Iraq a woman was denied access to the criminal justice system because the perpetrators worked for a defense contractor. After the assault, when she was [ Later, ] back in the states, she was told by a Texas state court judge during a civil suit that, "[s]adly, sexual harassment, up to and including sexual assault, is a reality in today's workplace". The case was then sent to binding arbitration due to an arbitration clause in the woman's employment contract with Halliburton.

Almost everyone knows about "arbitration clauses" in contracts, right? These clauses were drafted and put into form contracts for corporations that stood to benefit from them most. Arbitration was marketed as "faster and cheaper". Although it is sometimes not cheaper for both parties. In these arbitration proceedings there is no media or public access, no rules of evidence or procedure, no transcript, no jury and absolutely no appeal. The question is whether or not this type of situation is best handled in the public eye or behind closed doors.

You can read the entire editorial by Peggy Garrity, a [ plaintiffs' ] civil rights lawyer in Santa Monica, at: http://www.latimes.com/news/opinion/sunday/commentary/la-oe-garrity3mar03,0,2022943,print.story

Chandra

Full post as published by Texas Lawyer Blog on March 05, 2008 (boomark / email).