Across the state, many people experience sexual violations at the hands of heedless bosses. Rep. Kera Birkeland (R-Morgan) challenges the narrative by giving power back to the hands of the victims.

H.B. 55 nullifies NDAs in cases of harassment and assault. It ensures victims of workplace violence are protected from perpetrators. A person who attempts to enforce a confidentiality clause will be liable for costs and reasonable attorney fees and will not be entitled to monetary compensation.

Though this bill will help further protect our most vulnerable and marginalized workers, it does not do much in a state that shows hostility towards women.

One Down, Many More to Go

Many Americans experience some sort of harassment, but women are at greater risk. 25% to 85% of working women experience sexual harassment or abuse in the workplace.

A study by the International Labour Organization found that youth and migrant workers are internationally at risk of workplace harassment and violence.

This bill will be a start in providing some sort of protection for many Utahns. However, there is more that must be done to protect these populations.

Utah must start offering children, women and migrant workers further protections. Initiatives such as DEI groups for women, people of color and youth are necessities.

This bill only works best if it is aimed at dismantling the power structures that cause these problems in the first place.

Disrupt the System

Over the past couple of years, Utah has targeted various groups such as LGBTQIA+ groups to help reinforce harmful stereotypes. In the same breath, Utah offers no remedies to fix one of the worst gender wage gaps in the U.S.

The continuous gender inequality perpetrated by the state and the hostile LGBTQIA+ environment in Utah will not do much justice to H.B. 55.

We can’t create Band-Aids for our problems. These inequalities cannot be brushed under the rug. H.B. 55 is not going to magically fix workplace sexual abuse if we don’t look at the main contributors to the violence and violations.

Ways to ensure the protection and prevention of sexual harassment and violence in the workplace is going to take more than a singular bill. We need to dismantle whole systems that contribute to the abuse.

A study by the Center for American Progress advises employers to create a culture of respect. This can look like establishing new standards and expectations of appropriate conduct to achieve systemic change — which will inevitably threaten the status quo.

Accountability is the Ability

We must create a culture of accountability. We cannot value the reputation of the company and organization over the livelihood of the workers. We must begin holding employers liable for sexual assault committed by any one of their employees. Understanding that sexual violence and misconduct is a community failure and not just a personal one.

To uphold these standards for companies, we must begin encouraging more forms of assembly in the workplace. The right to organize will ensure a more balanced power dynamic in the workforce. Having a strong employee union will ensure that when the company does not protect its employees, there will be consequences.

Creating a culture that promotes diversity and inclusion of all different identities in the workplace. This will help create a more respectful environment for all. Identity politics have struggled to transform the workplace, but this does not mean it can’t.

These initiatives need to be made through systemic changes to the organization’s power dynamics. Such as our everyday lives and interactions, our identities are a critical part of how we move in the world. Enforcing work policies that encourage the expression of protected identities will promote a more welcoming and flourishing environment.

H.B. 55 is just the starting point. There will need more action taken by the state to successfully combat sexual misconduct in the workplace.

We must understand the actions contributing to these power imbalances start early in our lives. This is why it is important to create inclusive and respectful initiatives in our schools and homes.

We must remember it is always a possibility we will become a victim in many of these situations.  We are all entitled to the right to get justice and have full autonomy to our bodies.

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@iragilume