It’s bad enough for Tracy Barker that she was sexually assaulted at work. But now Halliburton convinced a judge to force the case to go through arbitration, where no public record will be written of Barker’s story. Why is blind justice failing workers?
Digital Journal — A woman who says she was sexually assaulted while working for Halliburton/KRG in Iraq will have her case muzzled by the court. This week, a Texas judge ruled that Tracy Barker’s ordeal will be heard in arbitration rather than in open court. The judge also made some inflammatory remarks about sexual harassment being commonplace at work.
Barker, a mother of five, has claimed that she was constantly propositioned by her boss, threatened and isolated after she reported an incident of sexual assault. In fact, her case isn’t the only one where Halliburton employees are accusing their superiors of sexual assault.
But even though Barker has fought to put the issue into the public spotlight (and an ABC 20/20 investigation has helped), a Texas judge wants to keep the details under wraps. District Judge Gray Miller wrote in his order: “Whether it is wise to send this type of claim to arbitration is not a question for this court to decide.”
That means that her case will be dealt with behind closed doors in private arbitration. Her allegations won’t be heard in open court, and thus the public won’t be privy to what Halliburton may have done to Barker. In arbitration, there is no public record or transcript of the court’s proceedings.
Strangely enough, that’s not the worse of it. The judge went on to spout off this sexist remark:
Sadly, sexual harassment, up to and including sexual assault, is a reality in today's workplace.
Pardon me? A reality? Has Judge Miller been watching too much Hollywood? Workplaces shouldn’t be classified as dungeons of sexual harassment, because then a case like Barker’s will just seem ho-hum and routine. Miller isn’t giving any weight to Barker’s allegations and is brushing off her claim as a non-issue. If that isn’t a misogynistic remark, I don’t what it is.
Bringing the trial to arbitration is a real slap in the face to Barker and her family. She was traumatized by intense harassment and vulgar language; she endured pornography plastered across Halliburton’s office walls; she was forced to be isolated in a container without food or water once she accused her superiors. Why shouldn’t these details be brought into open court?
Well, Halliburton is no fool, and the company formerly run by Dick Cheney must have known it may be waist deep hot water in the future: it forces all staffers to sign an employment contract requiring them to settle any contentious matters in arbitration instead of court. What a sneaky way to make sure any lawsuits are never covered by media and to demoralize the plaintiffs.
If employee lawsuits are ever going to impact a company’s future workplace practices, cases must be heard in open court. Otherwise, people won’t know the hellacious deeds practiced by insidious companies, and the world at large will be poorer for it.
In these cases, ignorance is not bliss.
Jamie Leigh Jones & Tracy Barker: KBR Gang Rape, ABC 20/20 Report:
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