Employee released from arbitration for Corp. HR violations? (Halliburton/gangrape)

Factual Questions
1

KBR had a history of ignoring complaints and intimidating those who reported sexual harassment/assault:
http://www.khou.com/topstories/stories/khou071214_tj_kbrfolo.176e684a.html
http://judiciary.house.gov/Media/PDFS/Barker071219.pdf (PDF)

Some of the complaint(s):
http://docs.justia.com/cases/federal/district-courts/texas/txedce/1:2007cv00295/103217/7/

http://www.thenation.com/doc/20080421/houppert

Basically, several women have filed rape or sexual assault cases. None have gone to court because of an arbitration agreement signed on employment. Most have been settled in KBR’s favor (I read 80% somewhere, I think in the Linda Lindsey affidavit, which I can’t find anymore). In short the perps get off scott free.

Could it be argued that since the company management did not enforce its own sexual harrasment policies, and in fact encouraged a hostile environment, that it violated the employment contract, and that the arbitration agreement would no longer be binding?

(IANAL, obviously, and if it sounds like I don’t understand the law, well, it’s because I don’t)

2

IANAL but I do not see how a company can avoid criminal prosecution by making employees sign an arbitration agreement. Maybe that works when the employee sues them for damages but seems a simple call to the DA or some federal agency or other (NLRB?, Department of Labor?) would suffice.

I am fairly certain such sexual harassment breaks federal and probably most states’ laws. Have at 'em.

3

We talked about the arbitration issues in a previous thread: If you didn't hate Hallburton already... - The BBQ Pit - Straight Dope Message Board

Violation of the contract is exactly what the the arbitration clause is supposed to cover. If a party can avoid the arbitration clause simply by alleging breach of contract, the clause will never be applied.