While the trial of Casey Anthony enthralled the country, another very important trial was going on as well. Jamie Leigh Jones claimed she was drugged, brutally gang-raped, and held captive by co-workers while working in Iraq for KBR/Halliburton. Like many others, she was influenced by the company’s claims of a safe working environment for women, while being able to earn a decent income. When she arrived in Iraq, she was housed in a trailer surrounded by men, even though she was promised to be housed with other women. Not long after her arrival, she states that she was drugged with Rohypnol and attacked in such a brutal manner that she required reconstructive surgery. According to her claims, when she reported it, she was taken to a shipping container and held while she begged to be released.
Criminal charges were not brought in Jones’ case for reasons that are unclear. When Jones tried to bring a civil suit against KBR/Halliburton, the company claimed that an arbitration agreement she signed as part of her employment contract prevented her from filing a lawsuit, and instead said that any matter related to her employment must be resolved by an arbitration. Knowing that an arbitration to be decided by people who work for KBR/Halliburton would not be any form of justice, Jones and her attorney challenged the mandatory arbitration agreement, arguing that any claims related to or arising out of sexual assault or harassment, including: assault and battery; intentional infliction of emotional distress; false imprisonment; and negligent, hiring, supervision, or retention were excluded. KBR/Halliburton fought Jones through the trial and appellate courts, which ruled in Jones’ favor, agreeing that vicarious liability for assault and battery, intentional infliction of emotional distress; negligent hiring, retention, and supervision; and false imprisonment were outside of the scope of the arbitration agreement.
While facing her challenges in court, Jones also bravely took on KBR/Halliburton in Congress, pushing to have a federal law passed to exclude claims such as hers from mandatory arbitration agreement for any Department of Defense contractor. Initially, in a vote straight down partisan lines, the bill didn’t pass. Jones did not give up, and with the unwavering and passionate support of Sen. Al Franken, who added an amendment to the bill that still allowed for the claims like Jones’ to be brought, it eventually passed, guaranteeing future victims their day in court.
Jones’ trial started in a federal court in Houston on June 12, 2011. After four weeks of trial, a jury of eight men and three women rejected Jones’ claims and found in favor of KBR/Halliburton. It is not known whether she will appeal.
While Jones is no doubt devastated by the jury’s verdict, she will forever be the woman who fought valiantly to be sure that employees of Department of Defense contractors will not have the four year battle she faced while simply trying to get her day in court. That mandatory arbitration, which directly contradicts the rights assured to all by the 7th Amendment to the Constitution – the right to a jury trial – should not be the default justice system. Jones is a modern civil rights leader, and one who should be recognized for this watershed change in the law.
For more information about Jones’ story and the civil justice system, watch Hot Coffee The Movie, currently being aired on HBO, On Demand and Netflix. You can contribute to Jones’ foundation, which helps other victims like her here.