When survivors are unable to access or maintain stable employment, their safety is compromised. Survivors shouldn’t have to choose between accessing the services and healing they want and keeping their jobs. This is why we are highlighting these two pieces of legislation this month.

Did you know that not all workplaces provide reasonable accommodations for survivors?

• The #metoo movement shed light on the overwhelming reality of workplace sexual assault and harassment.
• In a 2020 study called Coming Forward, the National Women’s Law Center found that seven in 10 people (72%) who report sexual harassment faced some form of retaliation, including termination, lawsuits for defamation and denied promotions. More than 1 in 3 people reported that the harassment had taken physical forms including rape or sexual assault. Nearly 2 in 5 (37%) said there were no consequences for their harasser.
• When survivors try and seek accommodations at their place of work to stay safe by seeking time off, flexing their schedules, or seeking reassignment to a different department, the results are very varied. While some survivors are met with care and support, others are essentially pushed out of their places of work with little recourse.
• Survivors deserve to know they can seek support and reasonable accommodations related to their survivorship without the fear of losing their jobs.

That’s why we support An Act Relative to Employment Protections for Victims of Abusive Behavior (HD3740/SD2371). This bill would require employers to provide reasonable accommodations to an employee or prospective employee who is experiencing or has experienced abusive behavior, or whose family member is or has experienced abusive behavior. Having reasonable accommodations enables survivors to access safety and maintain stability during a tumultuous time.

Did you know that Massachusetts employment laws only protect some survivors of sexual or domestic violence or stalking? 

• MGL c.149, § 52E allows employees of companies with 50 or more employees to take up to 15 days of leave in any 12 month period to deal with the aftermath of sexual or domestic violence or stacking that happened to them or to a family member.
• This is a great step to support the economic security of survivors, but sadly, this provision currently only applies to those working at companies with 50 or more employees.
• It also doesn’t apply to contract workers (like those who work for Uber, DoorDash and other service industries).
• All survivors deserve time to address their medical, legal, or emotional needs in the aftermath of sexual or domestic violence.

That’s why we’re supporting An Act Ensuring Domestic Violence Victims’ Protections for all Employees in the Commonwealths (HD76/SD359). Having time off from work to access support and services is necessary to promote economic security for all survivors of SDV. This bill would extend employment domestic violence protections to contract workers in Massachusetts.

Improving Protections for Sexual Assault Survivors! #SAAM2021

Did you that the current sexual assault protection law in Massachusetts has loopholes that can prevent survivors from accessing the safety they need?

Victims of domestic violence can obtain a restraining order under Massachusetts statute 209A. Victims of non-intimate partner sexual assault, harassment and stalking can obtain harassment prevention orders under Massachusetts statute 258E. With safety for survivors at the core of both these orders, all survivors should have equal access to the range of protections available. Yet, the extent of protections available to a victim under 209A and 258E are different.

Survivors of non-intimate partner sexual assault deserve equal access protection. Not doing so minimizes the seriousness of these harms and the safety needs of the majority of survivors of sexual assault who experience harm at the hands of co-workers, fellow students, employers, and acquaintances.

Through advocate input, JDI has filed SD1466/HD2220 to improve the protections available to survivors of sexual assault. This bill will allow judges to 1) order a person who causes harm to stay away from a victim 2) issue firearms removal orders (3) act to protect a victim’s pets. This bill would also give survivors of human trafficking an independent basis for accessing these orders.

Check out our factsheet to learn why Massachusetts needs to update protections available to sexual assault survivors:
https://jdi.coalitionmanager.org/resourcemanager/resourcefile/details/30

Healthy Youth Act – Preventing sexual violence!

What is the Healthy Youth Act (HYA)?

The HYA requires that if a public k-12 school in Massachusetts offers sex-ed it must be comprehensive, medically accurate, age-appropriate and LGBTQ inclusive. This includes education about consent and healthy relationships, along with other curriculum standards that give young people the foundation they need to lead healthy lives. HYA does not require schools to teach sex-ed! Schools retain their right to choose whether or not they will offer sex-ed. Students and parents will also still have the option to opt-out of sex-ed if they choose.

Sex-ed helps prevent sexual violence! Giving young people the information and tools needed to identify and have healthy relationships can help prevent sexual violence. Consent is key! When our young people understand giving and receiving consent, we empower them to have autonomy over their bodies. Ensuring sex-ed is LGBTQ inclusive and inclusive of all gender identities gives ALL students a greater sense of belonging and safety. Inclusive and affirming sex-ed also helps reduce the stigma these youth face.

Want to learn more about HYA? Check out these factsheets:

• Medically Accurate Sex-Ed: https://jdi.coalitionmanager.org/resourcemanager/resourcefile/details/24  
• Consent and Healthy Relationships:  https://jdi.coalitionmanager.org/resourcemanager/resourcefile/details/25
• LGBTQ Inclusive: https://jdi.coalitionmanager.org/resourcemanager/resourcefile/details/26

Do you know if the K-12 schools in your area have school resource officers (SRO)?

• SROs are law enforcement officers assigned to work at schools. Massachusetts began mandating all school districts assign at least one SRO per district in the aftermath of the Sandy Hook Elementary School shooting in hopes that law enforcement presence would provide safety and crime prevention. The Policing Reform bill passed at the end of 2020 removed this requirement and now gives school superintendents discretion on whether or not to request an SRO.

Did you know the presence of law enforcement in school settings actually leads to increased punishment of Black children, particularly Black girls, and facilitates the school to prison pipeline (also called the trauma to prison pipeline)?

• The presence of police in schools has led to the increased criminalization of young people, particularly young people of color. Black and other youth of color are often perceived as a threat rather than students to protect.
• Experiencing sexual or domestic violence can lead to behaviors in the classroom that are considered disruptive and warranting discipline. When SROs are in schools this can lead to violence and often leads to involvement in the juvenile justice system.

JDI firmly believes that young survivors deserve access to resources that offer support and healing. Survivors should not be criminalized for their behavior. We believe schools should work to divest from SROs and instead invest in holistic supportive services.

This is why JDI is proud to support HD3090/SD2043 An Act Relative to Safer Schools! These bills would define “holistic school health and safety practices” to include “practices that support the creation of healthy relationships and counter sexual harassment, sexual assault, and harassment based on other identities, including race, gender, sexual orientation, and religion.”

Additional Resources:

Check out Center for Juvenile Justice report “Fail: School Policing in Massachusetts” for more information on the impacts of policing in schools in Massachusetts.

Check out The Georgetown Law Report “The Sexual Abuse to Prison Pipeline: The Girls’ Story” to learn more about how sexual violence leads to involvement in the criminal legal system.

Check out NWLC Report “100 School Districts: A Call to Action for School Districts Across the Country to Address Sexual Harassment Through Inclusive Policies and Practices”