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SCOTUS’ Review of Title VII Reverse Discrimination Pleading Standard Will Likely Impact Employers’ Employment Decisions

The U.S. Supreme Court will review a requirement in five federal circuit courts of appeals that members of a majority group, such as Whites, males, or heterosexuals, who allege discrimination under Title VII of the Civil...more

New York City Construction Contractor Group Calls for Mental Health Reforms for Industry

A leading New York City contractor association is spearheading an effort to raise awareness about the importance of mental wellness in the construction industry and seek legislative reform. The Business Trades Employers’...more

Ensure Your Supplier Diversity Program Meets Legal Requirements and Thrives

Supplier diversity programs are business initiatives designed to include businesses owned by traditionally underrepresented groups in companies’ supply chains. Effective supplier diversity programs expand supplier bases,...more

EEOC Issues Guidance for Construction Industry on Preventing Harassment

The Equal Employment Opportunity Commission (EEOC) issued guidance on preventing harassment in the construction industry on June 18, 2024. The EEOC states in Promising Practices for Preventing Harassment in the Construction...more

What U.S. Supreme Court Decision on Standing Tells Us About Challenges to Corporate DEI Initiatives

The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA)...more

U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be...more

Illinois Uses Pre-Apprenticeship Program to Increase Diversity in Construction Trades

The Illinois Department of Commerce and Economic Development (DCED) awarded more than $18 million in grant funding to 36 recipients through the Illinois Works Pre-Apprenticeship Program. Recipients include contractor groups...more

Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts

Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more

How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students...more

EEOC to Focus on Diversity in the Construction Industry

In its report, “Building for the Future: Advancing Equal Opportunity in the Construction Industry,” the U.S. Equal Employment Opportunity Commission (EEOC) identifies the challenges to diversity and inclusion in the industry...more

OSHA Focusing Enforcement Efforts on ‘Vulnerable Workers’ at Construction Sites

Top leaders of the Occupational Safety and Health Administration (OSHA) have detailed new and upcoming enforcement efforts to protect “vulnerable workers” (i.e., immigrant, minority, female, and lower-paid) who may be more...more

Construction Industry Workplace Law Update – Spring 2023

Keeping Up With the Changing Law Restricting Employee Competition in the Construction Industry The legal landscape is rapidly changing with regards to restrictive covenants used by employers to protect against unfair...more

Survey Provides Recommendations for Recruiting, Retention in Construction Industry Using DEI Initiatives

The “Diversity, Equity and Inclusion in Design and Construction” report from the U.S. General Services Administration (GSA) and Dodge Construction Network (DCN) highlights the benefits for construction employers that engage...more

How Companies Can Best Benefit from Employee Resource Groups (ERGs)

Two oft-asked questions by companies seeking to enhance their diversity, equity, and inclusion (DEI) efforts and performance are: (1) Should we create employee resource groups (ERGs)? and (2) How do we make ERGs most...more

Second Annual Construction Inclusion Week: October 17-21, 2022

Awareness of the tangible business benefits of effective diversity, equity, and inclusion (DEI) practices is driving change in the construction industry. In the past, such efforts were seen as, at best, “the right thing to...more

Construction Industry Seeks To Diversify Its Workforce

In September 2021, Congress continues to debate a bipartisan infrastructure bill. The Biden Administration estimates that if its $1 trillion plan is enacted, the legislation will create up to two million new job per year for...more

Creating Solutions To Racism Problem In Construction Industry

In 2020 alone, there were nearly 20 highly publicized incidents of flagrant racism on construction jobsites throughout North America, ranging from workers of color finding nooses hung in the workplace to racist graffiti. Many...more

Construction Contractors Ramping Up Diversity Efforts

In the aftermath of the killing of George Floyd and the resulting Black Lives Matters protests, many companies, including construction companies, issued public statements decrying racism and asserting their support for...more

New York Law Mandates Prevailing Wage For Private Construction

Private construction projects in New York will become subject to new prevailing wage requirements pursuant to legislation signed by Governor Andrew Cuomo on April 3, 2020. The provisions take effect in January...more

Proposed Project Labor Agreement in Baltimore Opposed by Large Companies, Minority Construction Contractors

An effort by several Baltimore City Councilmembers to mandate project labor agreements (PLAs) for certain large city contracts has triggered strong opposition from the city’s contracting community. Although there is often...more

Construction Industry Gaining In Diversity And Inclusion

Construction has long been a difficult industry for women, minorities, and LGBT workers as old ideas are slow to fade. The situation is starting to change. Both employers and labor unions increasingly recognize the value of...more

California Requires Large Insurers To Report Board Diversity, Spending With Diverse Businesses

A new California law requires large insurers to report on the demographics of their governing boards and the amounts they spend with businesses owned by minorities, women, LGBT individuals, veterans, and disabled veterans....more

Shifting Demographics Require Greater Attention To Diversity

Shifting demographics threaten the ability of construction companies to staff projects. Many industry leaders identify worker shortages as a major problem and expect this issue to continue for the next several years. The...more

Supplier Diversity: Untapped Resource For Construction Companies

An effective supplier diversity program can provide multiple benefits for construction companies, including enhanced innovation, profitability, and the ability to attract and retain qualified minority and female employees....more

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