The construction industry faces a complex challenge: ensuring a safe and professional environment for all workers. While physical safety is a top priority, combating harassment is equally crucial.  In June 2024, the Equal Employment Opportunity Commission (EEOC) issued new guidance specifically tailored to the construction industry to address this issue.

The guidance highlights the alarming prevalence of harassment in construction.  Over a third of all EEOC discrimination charges filed between 2019 and 2023 involved harassment claims. This underscores the need for a proactive approach, and the EEOC's guidance offers valuable tools for construction leaders.

Leadership for a Harassment-Free Culture

The guidance emphasizes the importance of leadership commitment in fostering a worksite free from harassment. Project owners, supervisors, and union stewards are all expected to play a role in setting clear expectations and promoting a culture of respect.

General contractors, who oversee project execution, are vital in this effort.  They are encouraged to:

• Include anti-harassment policies in project bids.
• Collaborate with subcontractors on preventing harassment.
• Train workers and monitor anti-harassment efforts.
• Provide accessible complaint mechanisms for all workers.
• Acknowledge and reward efforts to prevent harassment.

Clear and Accessible Policies

The EEOC recommends developing robust, clear anti-harassment policies with input from supervisors, managers, and workers.  These policies should be accessible, translated into relevant languages, and communicated regularly.

Accessible Complaint Reporting

The complexities of the construction industry, where multiple employers are often present, require a layered complaint system.  The general contractor should supplement individual employer complaint procedures with additional channels that all workers can access.

Effective Training is Key

The EEOC recommends comprehensive, interactive anti-harassment training tailored to the construction industry. This training should be delivered live whenever possible and address industry-specific risk factors and examples.

Risk Factors in Construction

The guidance identifies several factors that increase the risk of harassment on construction sites:

• Homogenous workforces: Women and minorities remain underrepresented in construction, creating an environment where they may feel isolated or targeted.
• Pressure to conform to stereotypes:  Traditional expectations can contribute to a hostile environment.
• Decentralized workplaces: The transient nature of construction projects can make it difficult to maintain a cohesive company culture.
• Multiple employers per site: With multiple companies on a site, clear communication becomes essential in preventing harassment.
• Project-based work: The cyclical nature of construction can create instability and power imbalances.

Conclusion

The EEOC's new guidance signals a commitment to addressing harassment in the construction industry.  Savvy employers will review their practices in light of this guidance and implement changes to create  a safer, more inclusive work environment for all.