Franken’s first legislative win – the government will not hire contractors who mandate arbitration clauses for victims of sexual harassment or assault. The text is as follows:
Sec. 8104. (a) None of the funds appropriated or otherwise made available by this Act may be used for any existing or new Federal contract if the contractor or a subcontractor at any tier requires that an employee or independent contractor, as a condition of employment, sign a contract that mandates that the employee or independent contractor performing work under the contract or subcontract resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.
It arose from a particular story of a brutal rape victim, drugged and attacked by her fellow KBR employees and denied legal recourse. Franken grills the KBR attorney.
30 Senators voted against the amendment – all of them Republicans. Only Jon Stewart can respond to that.

12 comments
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October 17, 2009 at 7:34 am
katya
Hello Eric
I listened to your show this week; I was wondering what your feelings were toward the “Justice” system as far as being socialist in nature.
It seems to me money can buy “Justice”. The better your lawyer, the better your chances.
I’m back in divorce court with my abusive spouse who has a lawyer (I can’t afford one). I’m on SSI-I don’t even have a car and live here in SoHum with difficulty, but this is the only living arrangement I can find that I can afford. No I don’t grow dope, or even smoke it.
I’ve been homeless 3 times as a result of my husband’s determination (it certainly seems to me) to drive me to suicide. He took my kids, my home and my livelihood the first round. I ran to Canada with the kids back in 2001 seeking refuge from the abuse. After I got out of jail (of course I got caught-one needs logistics after the initial escape) Bruce Anderson of the AVA took me in. I found Mendocino County to be a much more humanistic place, much more diverse, but affordable housing impossible.
While in Mendo, my husband dared not to mess with me, thanks to Bruce. But Bruce couldn’t find a lawyer to work pro bono or even sliding scale-I’m due over $100,000 from the community property, but all divorce attorneys want a $5,000 retainer.
This is justice? This is fair?
Did I mention my husband’s land partner is Jake Smith of RLA?
I’ve had no luck in getting the family law facilitator to help-they’re overwhelmed; I have a court date Nov. 3 and I’m certified crazy, don’t have a car, can’t even get to my PO box regularly. WISH keeps stringing me along…the ladies up Eureka have little to offer as well.
Full on PSTD.
I don’t even know how to cave legally-I really don’t care about the money although a new pair of glasses would be nice.
My kids are almost outta there. They saw it all and know what their dad is. Our relationship for the last 9 years has mostly been on the phone. He certainly never facilitated any visits. I love them more than anyone could know; they’re the reason I don’t just off myself.
I used to be a nurse.
Seriously Mr. Kirk-some of the shows I hear you do I wonder to myself-how is it OK to make money on other people’s misery? That’s what has turned me off to the health care “industry”. As a nurse, I spent almost as much time running down ICD 9 codes and billing crap and talking to insurance companies than I did spending time with the patients.
Isn’t there a parallel with the legal system?
Just wondering.
Katya
October 17, 2009 at 8:06 am
humboldturtle
Al Franken is no David Letterman.
October 17, 2009 at 8:34 am
Cristina
Can’t watch the video on my dial-up, but I can tell you D and I were screeching when we watched this on “Daily.” Unfuckingbelievable.
October 17, 2009 at 2:11 pm
Ernie's Place
This has tp be one of the lowest points in human history! I can’t believe that it would even be a partisan issue. This time the “Liberals” are solidly in the right coner. Congratulations!
October 17, 2009 at 3:09 pm
Eric Kirk
Thankfully. One Letterman is more than enough.
October 17, 2009 at 7:42 pm
Moviedad
What the hell? Is this a family guy episode? Hello?
October 18, 2009 at 8:40 am
Carson Park Ranger
So, where’s Rose when Halliburton needs her?
I wonder if all of those southern accents on the Senate floor, defending a government contractor that tolerates the rape of female employees is just a coincidence?
October 18, 2009 at 11:26 am
Tapperass
More proof (see Eric’s post about the Marraige License) that the South is stuck in a previous Century.
October 18, 2009 at 12:27 pm
Ken Malcomson
Your story is deeply moving and compelling, katya. For anyone who might tend to believe you are exaggerating, I have know several woman who have been through nearly (or completely) impossible divorce/custody/harrassment situations and with little legal recourse if they are not wealthy enough to hire a better lawyer. These are really difficult cases but they are people deep in crisis left with permanent scars, long recoveries, and worse. Most of my aquaintances were strong, hard-working, intelligent women who, unfortunately, picked clever, sadistic spouses. I am a libertarian. Hardly a day goes by when I am not more inclined to fight larger government and defend personal freedom and liberty, but as a society we need to take care of people in deep crisis, at the very least. You are right, katya. There is a parallel with the legal system and I would support-and pay for- a community based system of shelters, arbitration, defense, and settlement mediators. We also need a stronger effort to deal with the mentally-ill, not just in treatment, but some better protections and support for family members who become victims of their ill behavior. Quite often these abusive spouses are ill themselves and our society has few safeguards to protect us from their perhaps “non-violent” but still devastating depredations upon those they are closest to. Hang in there, katya. That better society won’t likely come in time to help you and your own, but *don’t give up*. Your kids need you and families in the future will need the bitter wisdom you have attained if you are there to share it. Some words from you, someday, might keep another woman like you from more suffering. Paltry little words of help from some stranger on the web who can never really know, but I hope you find some solace.
October 18, 2009 at 12:53 pm
Eric Kirk
Katya, I’m not sure how that relates to the topic of socialism, but I’m sorry to hear about your experience with the legal system. If the judge is letting your husband get away with what you describe, then he or she isn’t doing the job. Unfortunately, there’s no easy solution to lazy or overloaded judges.
October 18, 2009 at 6:15 pm
Knuckleball
The Republican Party could clean up in the mid-term elections, but they’ll let Fox News represent the party’s views and they’ll cleave to their base (white, southern, uneducated men) and the GOP will continue to shrink until new, conservative (not backward/radical) younger, intelligent leadership surges up through the ranks.
October 27, 2009 at 12:06 pm
henryjones2
Stewart vs. Franken would be fun.
J. Connor
Professional coding billing
coding ICD 9 expert