On the recordDecember 5, 2006
I think both of these letters have reached the wrong conclusion. And again, I will quote from the section that does make the nonapplicability to certain claims. That says the limitation on liability provided by subsection (a) does not apply to an action or claim arising out of a Federal, State or local antitrust, labor, defamation, sexual assault, fraud, sexual molestation, freedom of expression, sexual harassment, tortious interference of contract law, or civil rights law or any other Federal, State, or local law providing protection from discrimination. Now, I don't know how more broadly this exemption could be drafted than that. It is very clear that the complaint about the original bill providing a limitation on liability for sexual molestation or harassment or sexual assault was a legitimate one. So that is why the nonapplicability of certain claims provision was put in here. This is a red herring. It is not the original bill that people were complaining about. This is a bill that has dealt with that objection, and it should pass.
Source
govinfo.gov




