[Congressional Record Volume 156, Number 40 (Thursday, March 18, 2010)]
[Extensions of Remarks]
[Pages E411-E412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  REINTRODUCTION OF THE ``SAKS'' BILL

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                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                        Thursday, March 18, 2010

  Mrs. MALONEY. Madam Speaker, every year roughly 36,500 women are 
violently assaulted in the workplace and yet their only remedy is 
workers compensation. In an effort to protect the rights of victims of 
workplace violence, I am reintroducing a bill to protect the civil 
rights of victims of gender-motivated violence. This legislation is 
intended to prevent employers from invoking workers compensation when 
employer negligence results in sexual assault and rape of an employee. 
This important bill will allow employees to sue their

[[Page E412]]

employers in the case of a gender-motivated crime of violence rather 
than be subject to the exclusive remedy of workers compensation.
  Workers compensation systems were designed to encourage employers to 
create accident-free workplaces and provide a means for employees 
injured during the course of employment to receive payment for medical 
expenses and lost wages. They were not created to shield employers from 
suit when their own negligence led to violence against employees. When 
rape occurs on the job, employers should not be able to hide behind a 
system designed to compensate for job-related accidents. Rape is not an 
accident and should not be treated as an everyday occurrence on the 
job. Under my bill victims of gender-motivated violence at work can 
hold employers liable for negligence through a federal civil rights 
cause of action that is not subject to state workers compensation law.
  This bill will encourage employers to create a job environment free 
of violent sexual assault and rape, because it is tragic when rape is 
considered all in a day's work.

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