What is Congressional Legislation H.R. 5842?

H.R 5842—Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act.

Rep. Frankel Lois D FL-21

11/03/2021

The generalized nature of this proposed legislation allows for an increasing span of impact as it relates to minorities within the workplace. This legislation proposes to breakdown and properly define the meaning of an employee or “outside worker” as an intern or volunteer whether paid or unpaid for an employer.1 Within the nuisances that exist with responsibilities, roles, level of skill, and upward mobility in the workplace also lie the opportunity for academic advancement, pertinent skills training and an understanding of the basics in management, financial growth, product development, personal development and effective marketing. When left with the decision, one may be more likely steered in the direction of remaining within an organization, planting roots, gaining training and experience in an effort to become financially and socially competent and secure.

Within the field of Medicine, the representation of the black community continues toward one of insufficiency and inadequacy. African Americans comprise 14% of the U.S population.2 However, less than 5% of the American physicians self-identify as black.3 Historically, predominately white institutions or PWIs are institutions of higher learning-- not officially designated as such for any academic institution in particular, yet the premise behind this title stems from much more than simply the numbers of self-identified white students in comparison to students from other underrepresented racial groups. 4 Critical race theory in an effort to highlight the fundamental significance of this narrative, points to the sensitive history of America and its shaping of the current academic and fiscal landscape. Such influences are pertinent when understanding the systemic racism that is unfortunately still embedded within the nation’s institutions.5

Architecturally, institutions, organizations, businesses all function within respect to having a governing body: inclusive in this concept is having a CEO, a chairman, a board of trustees, executive leadership, management all comprising the foundation. PWI’s in existence for centuries are rooted in the founders. Most individuals are of white descent. Civil rights legislations were birthed in the 1960’s and as observed anecdotally change does not occur overnight. Systemic racism as denoted in literature such as, “The 1619 Project” is largely influenced by socioeconomic status.6 Racial bias, microaggressions and similar traumatic behaviors towards member of the black community stand alone in one respect but the sphere of influence as it correlates to socioeconomic status is irrefutable. Within this statement, the level of academic achievements lies within this sphere of influence as well. The black community as well as many other afflicted minority communities are in a stage of rebuilding, rebranding, rediscovering what it means to be whole human being, not ¾. Financial freedom, academic achievement, generational wealth is the dream that many in this country aspire to yet barriers in the workplace continue to work to a collective detriment.

Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting or H.R. 5842 is legislative material that I feel will support the black community holistically. One day, our grandchildren will read about the history made by men and women of color to support future generations. Providing them with the ways and means of having a voice, understanding their voice is valued, important, and inspiring them to carry the torch for future minority communities. Black medical students and doctors who are “recruited” to PWI’s for reasons of academic merit, research accolades, resilience, bedside manner and the likes are vulnerable to harassment in the form of microaggressions, unfair treatment, exploitation and financial insecurity. Organizations such as the National Medical Association and programs such as More Black Doctors pave the way to enhance the holistic experience of a rigorous and all-consuming medical training by providing mentorship, guidance, research and networking for current and future doctors.7,8 However, this legislation may steer a new vehicle of change: accountability, Education and Reporting without fear of retaliation. The competitive nature of gaining admission to medical school causes families to begin early, pouring savings and incomes into private education, personal tutoring to gain acceptance into a medical program. Once admitted, the cost of an average medical education is upwards of 150K of student loan debt which medical students are told after close to 9 years of unpaid education and training they will be able to pay off. The process is daunting and to experience harassment within such a tight-knit medical “community” may leave one hopeless in regard to reporting for fear of losing everything.

I believe H.R. 5842 to be an optimistic and needed social justice policy initiative if properly and thoroughly attuned to the needs of minority populations. This includes the trickle-down effect- how will this impact the black communities practically? What measures will be undertaken to make this proposed bill (if passed) accessible? Understandable? Supportive? I look forward to following this proposed bill and finding out.

Thank you.

References

1) 117th, H.R.5842. “H.R.5842 - 117th Congress (2021-2022): To Deter, Prevent ...” H.R. 5842 - 117th Congress, 2021, https://www.congress.gov/bill/117th-congress/house-bill/5842?s=1&r=2.

2) Tamir, Christine. “Facts About the U.S. Black Population… Pew Research Topic- March 2021, 2021, https://www.pewresearch.org/social-trends/fact-sheet/facts-about-the-us-black-population/.

3) Rao, Vijaya. “Why aren’t there more African-American physicians? A qualitive study and exploratory inquiry of African-American student’s perspectives on careers in medicine…” Journal of the National Medical Association September 2007, 2021, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2575862/.

4) Bourke, Brian. “Meaning and Implications of Being Labelled a Predominantly White Institution.” American Association of Collegiate Registrars and Admissions Officers (AACRAO) 2016, 2021, https://eric.ed.gov/?id=EJ1113601.

5) Anderson, Bryan. “Critical Race Theory is a Flashpoint for Conservatives, but what does it mean?” PBS NewsHour November 2021, 2021 https://www.pbs.org/newshour/education/so-much-buzz-but-what-is-critical-race-theory.

6) Hochshild, Adam. “The 1619 Project (A New Origin Story)…” New York Times Nonfiction- November 2021, 2021, https://www.nytimes.com/2021/11/15/books/review/the-1619-project-nikole-hannah-jones-caitlin-roper-ilena-silverman-jake-silverstein.html

7) NMA, N. M. A. (2021). About US - National Medical Association. National Medical Association. Retrieved December 20, 2021, from https://www.nmanet.org/page/about_us.

8) Oz, Mehmet. “More Black Doctors” Dr.Oz Show 2021, 2021, https://www.drozshow.com/more-black-doctors/diversity-medicine-scholarship-award-details.

9) Migdon, Brooke. “NFL Refuses to Release Report on Sexual Harassment Accusations at Washington Football Team.” The Hill Changing America, October 2021, 2021, https://thehill.com/changing-america/enrichment/arts-culture/578692-nfl-refuses-to-release-report-on-sexual-harassment.

10) Belson, Ken. “Black Former N.F.L Players Say Racial Bias Skews Concussion Payouts” The New York Times, October 20th 202, 2021, https://www.nytimes.com/2020/08/25/sports/football/nfl-concussion-racial-bias.html.