[Congressional Record Volume 158, Number 112 (Wednesday, July 25, 2012)]
[Extensions of Remarks]
[Pages E1332-E1333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF THE GIVE WORKPLACE GENDER VIOLENCE VICTIMS THEIR DAY IN 
                           COURT ACT OF 2012

                                  _____
                                 

                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                        Wednesday, July 25, 2012

  Mrs. MALONEY. Mr. Speaker, when at work, most employees feel safe 
from violent behavior; however, violence in the workplace is not 
uncommon. The Bureau of Justice Statistics estimates that in 2008, 
12,633 rapes and sexual assaults occurred while U.S. employees were 
working or on duty. When sexual violence happens at the workplace, 
women are often traumatized again when learning that the remedy is 
workers compensation. This downgrades the crime to an `on-the-job 
occurrence' and prevents victims from suing employers when the crime 
occurred due to lack of safeguards and protections by employers.
  Workers compensation systems were designed to create accident-free 
workplaces and allow employees hurt on the job to receive payment for 
medical expenses and lost wages. Using workers compensation as a way 
for employers to avoid lawsuits stemming from their own negligence is 
offensive to victims of this terrible crime. When sexual violence 
occurs on the job, employers should not be allowed to hide behind a 
system intended to compensate for job-related accidents. This is why I 
am reintroducing the Give Workplace

[[Page E1333]]

Gender Violence Victims Their Day in Court Act, which will prevent 
employers from invoking workers compensation when employer negligence 
results in the sexual assault and rape of an employee. This bill will 
help empower victims of workplace sexual assault to have their day in 
court instead of being subject to the exclusive remedy of workers 
compensation.
  Rape is not an accident and should never be regarded as an everyday, 
regular occurrence on the job. This legislation will enable victims and 
encourage employers to create a work environment free of sexual 
violence and send the message, loud and clear, that rape is not all in 
a day's work.

                          ____________________