According to the Equal Employment Opportunity Commission (EEOC), numerous factors increase the risk of harassment in the construction industry, including a relatively homogeneous workforce, pressure to conform to traditional stereotypes, decentralized workplaces, multiple employers at one worksite, and project-based work. As a result, the EEOC recently released its “Promising Practices for Preventing Harassment in the Construction Industry” (the “Construction Guidance”) to provide guidance for leaders to effectively prevent and address harassment within the construction industry.
The EEOC has outlined five key principles for effectively preventing and addressing harassment:
- committed, engaged leadership;
- consistent, demonstrated accountability;
- strong, comprehensive harassment policies;
- trusted, accessible complaint procedures; and
- regular, interactive training tailored to the appropriate audience.
In support of these principles, the Construction Guidance contains several recommendations to assist construction-industry employers in preventing and addressing harassment and remaining in compliance with federal laws.
-
Leadership and Accountability
The EEOC emphasizes collaboration across the entire worksite to prevent and address harassment, regardless of whether the workers are covered by anti-discrimination laws. It encourages project owners and general contractors to take on an oversight role to ensure a safe environment for all workers. To this end, the EEOC recommends that project owners and general contractors require that contract bids include a comprehensive anti-harassment plan. Moreover, the Contract Guidance suggests that general contractors facilitate worksite-wide harassment prevention by monitoring subcontractors and the workforce for anti-harassment compliance, regularly evaluating harassment policies, and actively seeking employee feedback on the effectiveness of the anti-harassment measures.
-
Comprehensive and Clear Harassment Policies
The EEOC advises that harassment policies should be documented in writing, clearly communicated, prominently posted in easy-to-find locations, and regularly updated. These policies should expressly state that harassment and retaliation are strictly prohibited, and encourage workers to report any incidents of harassment, bullying, or inappropriate conduct. The policies should also provide detailed descriptions of what constitutes prohibited conduct, as well as outlining the complaint and reporting processes. Additionally, when multiple entities maintain their own harassment policies, the EEOC suggests that one individual review all policies for consistency across the worksite.
-
Effective and Accessible Complaint System
The EEOC suggests that general contractors implement a supplemental reporting system for all workers, regardless of their on-site employer. General contractors should also train workers on how to use the existing complaint channels and ensure that each on-site employer reports any complaints to the general contractor to ensure prompt resolution. Moreover, harassment complaint systems should be accessible in all relevant languages and offer multiple methods for lodging complaints. The systems should clearly outline the information needed in support of a complaint and include processes to monitor whether targets of harassment are experiencing retaliation. The EEOC also recommends periodic testing of these systems to ensure they are functioning effectively.
-
Harassment Training
Finally, the EEOC recommends that industry leaders conduct regular, interactive, and comprehensive training for all workers on applicable rules, policies, and procedures. These trainings should clearly outline what constitutes prohibited harassment and provide examples of harassment and retaliation. They should also educate employees on the procedures for reporting complaints and ensure ample opportunities for questions during training. Additionally, managers and supervisors should receive additional training on their legal obligations to prevent, address, and correct harassment.
Impact on Employers
Having identified what it sees as persistent harassment issues within the construction industry, the EEOC has made clear its intent to prioritize combatting harassment in the industry, as well as others in which women and workers of color are generally underrepresented. The new Construction Guidance is part of those efforts. Employers in the industry are well advised to align their anti-harassment policies, practices, and trainings with the Construction Guidance, and to ensure compliance with the EEOC’s recommendations generally, to do what they can to reduce workplace harassment and the attendant risks it poses to employees and employers alike.
