U.S. Woman Gang-Raped in Iraq Seeks Justice by Overcoming a Mandatory Arbitration Clause

By Nima Nayebi

Impunity Watch Reporter, North America

NEW ORLEANS, United States - The fifth circuit heard arguments recently in the case of Jamie Leigh Jones, a Texas resident and former KBR employee who alleged she was gang-raped by Halliburton employees in 2005 while working in Baghdad’s “Green Zone.” 

Jones sued Halliburton and several of its subsidiaries in 2005, but Halliburton insisted that she was bound by contract to submit all claims arising from the alleged rape to private arbitration. Jones argued that the arbitration clause of her contract did not apply to a claim involving rape, “because it is not a work-related matter.”

Fifth circuit Judge Keith Ellison wrote: “This court does not believe that plaintiff’s bedroom should be considered the workplace, even though her housing was provided by her employer.”

While in the Green Zone, Halliburton and its then-subsidiary KBR housed Jones in predominantly male living quarters. Jones reported being harassed just two days after arriving there, but her request for different living barracks was dismissed. She was told “to go to the spa” instead. 

Just two days later, firefighters working for Halliburton allegedly drugged and brutally raped Jones, causing severe injuries which required reconstructive surgery. No criminal charges were filed against her assailants because the Coalition Authority limits the power of the Iraqi government in prosecuting foreign contractors.

Jones’ experience in Iraq led her to inaugurate the Jamie Leigh Foundation, a “nonprofit organization dedicated to helping United States citizens and legal residents who are victims of crime while working abroad for government contractors and subcontractors.” Jones had also been an outspoken critic of the Fair Arbitration Act of 1925 (FAA), which is currently under Congressional scrutiny. 

Georgia Representative Hank Johnson has introduced H.R. 1020, the “Arbitration Fairness Act of 2009.” On 28 April, Jones and others adversely affected by mandatory arbitration clauses lobbied for the act during “Arbitration Fairness Day.” Representative Johnson stated: “One of our indelible rights is the right of a jury trial. Guaranteed by the Constitution, this right has been gradually ceded by citizens every day as they purchase a new cell phone, buy a home, place a loved one in a nursing home, or accept a new job. Once used as a tool for businesses to solve their disputes, arbitration agreements have found their way into employment, consumer, franchise and medical contracts.”

The fifth circuit’s decision will allow others who have been similarly victimized to challenge employment contracts which have kept them from suing in court.

Photo Credits (from top): Jones - AP; ABC News; Rep. Johnson - Getty Images

For more information, please see:

Times Online - Federal Judge Rules Iraq 'Gang-Rape Victim' Can Seek Trial in US - 12 May 2009

Fifth Circuit- Jones v. Halliburton (full text PDF) - 9 May 2009

AP - Court Hears Appeal in Rape Case Against Halliburton - 27 April 2009

Fair Arbitration Now - H.R. 1020 - The Arbitration Fairness Act of 2009: Protect Consumers from Abusive Mandatory Arbitration Clauses! - 21 April 2009