[Congressional Record (Bound Edition), Volume 158 (2012), Part 9]
[Extensions of Remarks]
[Page 12283]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

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                        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 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.

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