there is a small loophole in the amendment , but it will be hard for contractors to get through it : the franken amendment includes a national security waiver , meaning that the department of defense could prevent a case from coming to court if it imperils safety measures .
the amendment survived , and the final bill during reconciliation with the house .
 
none of those employees was pregnant .
thus , the company retained employees in the same or similar positions with less qualifications who were not in the protected class .
moreover , the title vii provision of the amendment , which allows an employee to sue not only the alleged perpetrator but also the perpetrator 's employer , remains in the bill as well .
to her knowledge , lynda was the only employee " laid off " in her area even though there were five employees who had less experience in that position than she did .
in court documents filed on december , 21 , lynda darden alleges she was fired in the summer of 2009 when " she was sexually discriminated against and terminated as a result of her pregnancy . "
an aide to franken told stein " the substance of the language ' is unchanged , ' " which means the government will not be able to contract with companies that restrict employees from going to court over charges of " assault , false imprisonment , intentional infliction of emotional distress or negligent hiring practice[s ] . "