EEOC Issues Guidance to Prevent Harassment on Construction Worksites

The Equal Employment Opportunity Commission (EEOC) has issued new guidance to help prevent harassment at construction worksites. The guidance is based on the findings and recommendations of the EEOC’s Select Task Force on the Study of Harassment in the Workplace. It offers practical advice and examples for creating an inclusive work environment for workers, contractors, and visitors. The issuance of this guidance may warn of an increase in the EEOC enforcement efforts in the construction industry. Employers in the construction industry should review the guidance, compare the recommendations to their own policies and practices and implement appropriate changes to manage risk and demonstrate good-faith compliance.

Harassment claims are a serious problem. They comprised one-third of the claims received by the EEOC in FY 2019 through 2023, and some of the most egregious incidents before the EEOC arose in the construction industry. Harassment is a form of unlawful discrimination based on sex, race, color, national origin, religion, age, disability, or genetic information.

The guidance aligns with the EEOC’s strategic enforcement plan and emphasis on industries where women and certain racial groups are underrepresented. According to the EEOC, women comprise only 11% of workers in the construction industry and just 4% of workers in the trades.

The EEOC’s guidance notes that factors which may increase the risk of harassment at construction worksites include:

• The predominantly male and often temporary workforce.
• The presence of multiple employers on a worksite and the cyclical nature of construction.
• The absence of formal human resources policies and procedures or the lack of their enforcement.
• The high turnover rate and frequent hiring of new workers, which may create uncertainty about the norms and expectations of the workplace.
• The culture of tolerance or acceptance of offensive or inappropriate behavior, which may discourage workers from reporting harassment or seeking help.
• The physical separation of workers and supervisors, or the lack of supervision, which may create opportunities for harassment or hinder its detection and correction.
• The diversity of workers from different backgrounds, languages, and skill levels, which may create misunderstandings or conflicts based on stereotypes or biases.

The EEOC’s guidance recommends that project owners require that “contract bids include a plan to prevent and address workplace harassment” and that “general contractors can include corresponding provisions in any agreements with subcontractors and staffing agencies to ensure compliance.” Additionally, the agency recommends that contractors take the following preventative steps:

• Establish and communicate a clear and comprehensive anti-harassment policy that covers all workers, contractors, and visitors, and that defines harassment, provides examples of prohibited conduct, and outlines the consequences of violating the policy. This includes a policy written “in all languages commonly used by workers at the site” and posted in easy to see places.
• Provide regular and interactive anti-harassment training to all workers, supervisors, and managers, and ensure that the training is tailored to the specific needs and challenges of the construction industry.
• Conduct anonymous worker surveys regularly to determine if harassment is occurring and encourage workers to report harassment by providing multiple, accessible, and confidential reporting channels, such as an anonymous hotline, an ombudsperson, or a designated contact person.
• Conduct prompt, thorough, and impartial investigations of harassment complaints and take appropriate corrective action, such as discipline, reassignment, or termination, depending on the severity and frequency of the harassment.
• Monitor and evaluate the effectiveness of the anti-harassment efforts and make adjustments as needed, such as conducting surveys, audits, or focus groups, or seeking feedback from workers and stakeholders.

A copy of this guidance, a 16-page document entitled “Promising Practices for Preventing Harassment in the Construction Industry,” can be found here.