Sexual Assault

An employee of the army while on assignment with a contractor alleged she was raped by a group of coworkers while she was on an assignment in Iraq. The sexual assault took place in the employee’s bedroom in the barracks provided to her by her employer during a time when she was off-duty.

Prior to accepting the assignment, she signed an agreement to use a dispute resolution process culminating in arbitration for legal claims “related to her employment including any and all personal injury claim(s) arising in the workplace.” Discuss whether the arbitration agreement prevents this employee from suing her employer for allowing the assault to occur.